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[2026:RJ-JP:39841]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR (1) S. B. Civil Writ Petition No. 19263/2026 CNR: RJHC020915772026 | URN: CW / 40092U / 2026 M/s Marudhara Primeinfra Pvt. Ltd., having its Registered Office at Unit No. 1202, DLF Corporate, Greens, Sector-74A, Narsinghpur, Gurgaon, Haryana, and Alternate Address at C/o Rameshwar Lal Plot No. 30-31, Opposite Baba Chhotu Nath Senior Secondary School, Bikaner, Nokha, Rajasthan-334803.

----Petitioner/Non-Applicant No. 1 Versus

1. M/s Lahoty Buildcon Limited, having its Registered Office at B 157-158, Scheme 10B, Gopalpura Bypass, Jaipur, Rajasthan-302018, through its Managing Director, Mr. Ashish Prakash Lahoty, R/o B 157-158, Scheme 10B, Gopalpura Bypass, Jaipur, Rajasthan-302018.

----Respondent/Applicant

2. M/s Aathesh Ventures Pvt. Ltd., having its Registered Office at 27/23, First Floor, East Patel Nagar, Central Delhi, New Delhi-110008.

3. M/s Nokha Agrotech Pvt. Ltd., having its Registered Office at Bikaner Road, Nokha, Bikaner, Rajasthan-334803

4. M/s Abhi Enterprises, having its Registered Office at 2-E-11, Sukhariya Nagar, Rajsamand, Sri Ganganagar Rajasthan-

335001.

----Proforma Respondents/Non-Applicant Nos. 2 to 4 (2) S. B. Civil Writ Petition No. 18418/2026 CNR: RJHC020861882026 | URN: CW / 38171U / 2026 M/s Lahoty Buildcon Ltd., having its Registered Office at B 157- 158, Scheme 10B, Gopalpura Bypass, Jaipur, Rajasthan- 302018, through its Managing Director, Mr. Aashish Prakash Lahoty, S/o Om Prakash Lahoty R/o B 157-158, Scheme 10B, Gopalpura Bypass, Jaipur, Rajasthan- 302018.

----Petitioner/Applicant Versus

1. M/s. Marudhara Primeinfra Pvt. Ltd., having its Registered Office at Unit No. 1202, DLF Corporate Greens, Sector- 74A, Narsinghpur, Gurgaon, Haryana, India- 122004 and Alternate Address at C/o Rameshwar Lal. Plot No. 30-31, Opposite Baba Chhotu Nath Senior Secondary School, Bikaner, Nokha, Rajasthan-334803

2. M/s. Aathesh Ventures Pvt. Ltd., having its Registered Office at 27/23, First Floor, East Patel Nagar, Central Delhi, New Delhi- 110008

3. M/s. Nokha Agrotech Pvt. Ltd., having its Registered Office at Bikaner Road, Nokha, Bikaner, Rajasthan - 334803

4. M/s Abhi Enterprises., having its Office at 2-E-11, Sukhariya Nagar, Rajsamand, Sri Ganganagar Rajasthan -

335001 ----Respondents/Non-Applicants For Petitioner : Mr. Prateek Kasliwal Advocate with (In Writ Petition No. Mr. Hemant Kothari Advocate and

19263/2026) Ms. Parneet Kaur Advocate.

For Respondent No. 1 : Mr. S.S. Hora Advocate with Mr. Aman (In Writ Petition No. Garg Advocate.

19263/2026)

For Petitioner : Mr. S.S. Hora Advocate with Mr. Aman (In Writ Petition No. Garg Advocate.

18418/2026)

For Respondent No. 1 : Mr. Prateek Kasliwal Advocate with (In Writ Petition No. Mr. Hemant Kothari Advocate and

18418/2026) Ms. Parneet Kaur Advocate.

HON'BLE MR. JUSTICE ANAND SHARMA

Judgment

REPORTABLE

29/09/2026

1. Since both the above writ petitions have arisen out of the proceedings of Arbitration Application No. 58/2026 (CIS No. 20/2026) pending before the Commercial Court no. 3, Jaipur Metropolitan-II, Jaipur (hereinafter to be referred as ‘the Commercial Court’), therefore, for the sake of convenience and ease of understanding, they were heard together and are being decided by this common judgment.

S.B. Civil Writ Petition N o. 19263/2026

2. This writ petition under Article 227 of the Constitution of India is directed against order dated 08.09.2026 passed by the learned Commercial Court, whereby the application filed by the petitioner/non-applicant under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter to be referred as ‘CPC’), seeking rejection of the application filed by Respondent No. 1 under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter to be referred as ‘the Act of 1996’), has been dismissed as not maintainable.

3. Facts in brief are, that Respondent No. 1-applicant instituted proceedings under Section 9 of the