Arihant Dream Infra Projects Limited v. For Applicant(S) : Mr. Nitish Kumar Bagri For Non-Applicant(S): Mr. Ankit Juneja With Mr. Nitesh Shrivastava

HIGH COURT OF JUDICATURE FOR RAJASTHAN S.B. Arbitration Application No. 92/2020 Arihant Dream Infra Projects Limited Through Its Director Mr.Rishabh Goel, Havingh Its Office At Second Floor, Class Of Pearl,Income Tax Colony, Tonk Road, Jaipur- Rajasthan. ----Applicant Versus Shri Krishnam Star Hotels And Real Estate Private Limited, ShriKrishnam Star Hotels And Real Estate Private Limited ThroughIts Director - Mr. Sunil Singodiya Having Its Office At House No.2, Barwara House Colony, Civil Lines, Ajmer Road, Jaipur-302001 ----Non-Applicant For Applicant(s) : Mr. Nitish Kumar Bagri For Non-Applicant(s): Mr. Ankit Juneja with Mr. Nitesh Shrivastava HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 06/07/2022 1.Applicant has filed this Arbitration Application under Section11 of the Arbitration & Conciliation Act, 1996 seeking appointmentof an arbitrator. 2.It is contended by counsel for the applicant that there is anarbitration clause in the developer’s agreement. However, in thearbitration clause, name of the arbitrator was mentioned whocannot act as an arbitrator. A prayer is made that an independentsole arbitrator be appointed to resolve the dispute between theparties. 3.Reply has been filed on behalf of the non-applicant. In reply,non-applicant has also agreed for appointment of an arbitrator. 4.I have considered the contentions. 5.Since, there is an arbitration clause and the non-applicanthas also not objected to the appointment of an arbitrator, thisCourt deems it proper to allow the present Arbitration Application. 6.Accordingly, the Arbitration Application is allowed. 7.This Court appoints Hon’ble Mr. Justice Akil Kureshi (Retd. Chief Justice) as a sole arbitrator to decide this ArbitrationApplication. 8.The appointment of the sole arbitrator is subject to thedeclarations being made under Section 12 of the Arbitration &Conciliation Act, 1996 with respect to independence andimpartiality, and the ability to devote sufficient time to completethe arbitration within the prescribed period. 9.The Arbitrator shall be entitled to lay down fees as providedunder Manual of Procedure for Alternative Disputes Resolution,2009 as amended from time to time. 10.Registry is directed to intimate Hon’ble Mr. Justice AkilKureshi(Retd. Chief Justice) and obtain his formal consent. (PANKAJ BHANDARI),J AMIT KUMAR /10