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2021 Supreme(Raj) 100

ASHOK KUMAR GAUR
Project Director, Urban Infrastructure Development Project (RUIDP) – Appellant
Versus
Electrosteel Casting Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Dr. P.C. Jain.
For the Respondent: Mr. Angad Mirdha.

ORDER :

1. The instant petition has been filed by the petitioners challenging the order dated 31.10.2020 passed by the Commercial Court No. 1, Jaipur Metropolitan-II (hereinafter shall be referred to as ‘the Court below’) whereby application filed by the petitioners under Sections 13, 14 and 15 of the Arbitration and Conciliation Act, 1996 (hereinafter shall be referred to as ‘the Act of 1996’) has been dismissed.

2. The facts, in nutshell, are that the Division Bench of this Court vide its order dated 02.04.2018, appointed Mr. Justice Mahesh Chandra Sharma (Retd.) as the sole Arbitrator under Section 11 of the Act of 1996. Subsequently, Mr. Justice Dinesh Chandra Somani (Retd.) was appointed as sole Arbitrator by the Division Bench vide order dated 15.12.2018. The order dated 15.12.2018 was challenged by way of review petition by the petitioners and the same was dismissed by the Division Bench vide order dated 03.01.2019.

3. The claimant-respondent filed claim petition before the sole Arbitrator seeking two sets of claims i.e. (1) for Rs. 1,05,45,760/- and (2) for Rs. 1,77,00,000/- along with interest @ 18% p.a. till its realization.

4. The sole Arbitrator vide his order dated 28.04.2

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