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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mr. Justice Arun Monga, J
M/s Shri Raghav Developers And Construction – Appellant
Versus
Amit Bishnoi – Respondent
| Table of Content |
|---|
| 1. dispute arises from obligations under a development agreement. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments presented regarding appropriate forum for dispute resolution. (Para 6 , 7) |
| 3. court emphasizes the importance of adhering to the arbitration clause. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. appointment of an arbitrator to resolve the dispute. (Para 14 , 15) |
Order(Oral)
02/07/2025
1. Application herein is under Section 11 of the Arbitration & Conciliation Act, 1996 with the prayer to appoint a sole arbitrator to decide/ adjudicate upon the dispute between the parties arising out of the Development Agreement dated 19.07.2013 (registered on 30.07.2013).
2. The applicant is a registered partnership firm engaged in land development and construction. The non-applicant, who owns plots admeasuring 2,107 square yards at Patel Nagar, Bikaner, entered into a Development Agreement with the applicant on 19.07.2013, registered on 30.07.2013, for the construction of a multi-storey building.
3. As per the agreement, the applicant paid Rs. 1 crore to the non-applicant as refundable security—50% refundable after completion of RCC work, and the remaining after completion of construction.
4. It
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