Arihant Dream Infra Project Limited v. M/S Shubh Builders And Developers

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Arbitration Application No.12/2025 Arihant Dream Infra Project Limited, Through Its Director, Mr. Ripul Goel, Having Its Office At 2Nd Floor, Class Of Pearl, Income Tax Colony, Tonk Road, Jaipur-34. ----Petitioner Versus M/s Shubh Builders And Developers, Through Its Partner Mr. Babu Lal Motawat Having Its Office At 1, Link Road, Town Hall, Udaipur. ----Respondent For Petitioner(s) For Respondent(s) : Ms. Shretima Bagri for Mr. Nitish Bagri: None present JUSTICE ANOOP KUMAR DHAND 18/09/2025 Order 1.The instant arbitration application under Section 11 of the Arbitration and Conciliation Act, 1996 (for short “the Act of 1996”) has been submitted for appointment of arbitrator to resolve the dispute between the parties. 2.Learned counsel for the applicant submits that a Development Agreement was executed between the parties on 30.05.2014 and the non-applicant was supposed to complete the construction work within the stipulated time of 36 months, with an additional grace period of three months, but inspite of passing of considerable time, the construction work has not been completed by the non-applicant, hence, a dispute has occurred between the parties. Learned counsel submits that as per the terms and conditions mentioned in Clause 41 of the Development Agreement, in case any dispute occurs between the parties with regard to any of the clauses of the Development Agreement or any other dispute arises relating to the Development Agreement, the same shall be referred under the provisions of the Act of 1996. Learned counsel submits that, under these circumstances, the matter be referred to an arbitrator to resolve the dispute between the parties. 3.No one has put in appearance on behalf of the non-applicant inspite of service. 4.perused the material available on record. Heard and considered the submissions made at the Bar and 5.Perusal of the record indicates that in terms of Clause 41 of the Development Agreement dated 30.05.2014, executed between the parties, in case any dispute occurs between the parties, the same would be referred to the Arbitrator, and the Arbitrator would resolve the dispute between the parties. 6.Keeping in view the terms and conditions of the arbitration clause for resolving the dispute between the parties, the application stands allowed. 7.In view of the reasons stated above, this Court deems it just and proper to appoint Hon’ble Mr. Justice Vijay Kumar Vyas (Retd.) Resident of F-48, 6-D, Engineers Colony Behind Swarn Garden, New Sanganer Road, Jaipur, as Sole Arbitrator to adjudicate/resolve the dispute between the parties. 8. The appointment of the Sole Arbitrator is subject of declaration being made under Section 12 of the Arbitration and Conciliation Act, 1996 (for short 'the Act of 1996') with respect to the independence and impartiality and ability to devote sufficient time to complete the arbitration proceedings within the prescribed period. 9.The arbitration fee of the Sole Arbitrator shall be payable in accordance with the provisions contained in the Manual of Procedure for Alternative Dispute Resolution, 2009 as amended by the Manual of Procedure for Alternative Dispute Resolution (Amendment), 2017 vide notification dated 23.03.2017 read with 4[th] schedule appended to the Act of 1996 or as determined by the Arbitrator with consensus of parties. 10. The Registry is directed to intimate the Arbitrator-Hon’ble Mr. Justice Vijay Kumar Vyas (Retd.) Resident of F-48, 6-D, Engineers Colony Behind Swarn Garden, New Sanganer Road, Jaipur for his approval and declaration in terms of Section 11(8) read with Section 12(1) of the Act of 1996. 11. All issues raised by the parties before the Arbitrator shall be considered in accordance with law. 10. The Registry is directed to intimate the Arbitrator-Hon’ble Mr. Justice Vijay Kumar Vyas (Retd.) Resident of F-48, 6-D, Engineers Colony Behind Swarn Garden, New Sanganer Road, Jaipur for his approval and declaration in terms of Section 11(8) read with Section 12(1) of the Act of 1996. 11. All issues raised by the parties before the Arbitrator shall be considered in accordance with law. 12.Since as per Section 29A of the Act of 1996, the arbitration proceedings are required to be concluded within the scheduled time as stipulated therein, it is expected from the parties to appear before the Arbitrator on 10.10.2025 or on any other date as informed by the Arbitrator subject to the agreement between the parties. Furthermore, the parties shall provide their respective E-mail/ contact number/ mobile number and/or also of their authorized representatives/ Lawyers appearing on their behalf before the Arbitration Tribunal, in order to facilitate the Arbitrator to send information/communication to the parties, whenever required. The information send by the Arbitrator, on such address/ E-mail/ cellphone of the parties or to their authorized representatives/ Lawyers, shall be treated as sufficient communication unless same is not changed. 13.None has put in appearance on behalf of the non-applicant and he is not aware about passing of this order, Office is directed to send a copy of this order to the non-applicant on his residential address. 14.Arbitrator is directed to send a notice to the non-applicant before proceeding to decide the matter on its merits. (ANOOP KUMAR DHAND),J Karan/180