HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Arbitration Application No. 21/2020

Surinder Singh S/o Shri Sohan Singh, Resident Of Khanna Majra,

297, Baknaur, District Ambala, Haryana-134003, Designated

Partner M/s Labana Developers Llp

----Petitioner

Versus

1.

M/s Labana Developers Llp, Through Its Designated

Partner Satpal Singh, Site Office At Village Kolilasanga,

Near Hirohama Japanese Hotel, N.h.8, Neemrana, District

Alwar (Raj) And Registered Office At 18, 2Nd Floor, Mgf

Megacity, Mg Road, Gurgaon, Haryana -122002

2.

Satpal Singh S/o Shri Banta Singh, Resident Of Flat No.

002, Tower-01, Vipul Greens, Sohna Road, Gurugram

Haryana-122001, Designated Partner M/s Labana

Developers Llp

3.

Atul Kumar S/o Shri Dalel Singh, Resident Of 263, Aterna

Sonipat, Haryana, Designated Partner M/s Labana

Developers Llp

4.

Ayush Agarwal S/o Shri Sanjeev Kumar, Resident Of

House No. 542/16, Civil Line, Baraf Khana, Gurugram ,

Haryana 121001, Designated Partner M/s Labana

Developers Llp

----Respondents

For Petitioner(s)

:

Mr. Gaurav Gupta

For Respondent(s)

:

Mr. Alok Chaturvedi

HON'BLE THE CHIEF JUSTICE

Order

16/07/2021

I.A. No.1/2021:-

The application for appointment of an arbitrator in pursuance

to clause of Part-IX of Developers Agreement dated 27.07.2017 is

allowed for the reasons mentioned therein.

(2 of 3)

[ARBAP-21/2020]

I.A. No.2/2021:-

The application seeking amendment in prayer clause in

Arbitration Application No.21/2020 also stands allowed as no

objection is raised by the respondents in this respect.

S.B. Arbitration Application No. 21/2020:-

1.

Heard learned counsel for the respective parties.

2.

The applicant has moved an application seeking appointment

of an arbitrator under Section 11 of the Arbitration and

Conciliation Act, 1996 (hereinafter to be referred as the ‘Act of

1996’), claiming therein that certain disputes have arisen.

3.

Learned counsel for the applicant placed reliance on Clause

Part-IX of Development Agreement dated 27.07.2017 (Annexure-

4) & Clause 13.4 of Reconstituted LLP Agreement dated

16.12.2019 (Annexure-10) of the agreement which contains the

following Arbitration Clause:-

ÞHkkx &uoe

e/;LFkrk % ;g fd Hkwfe ekfyd o fodkldrkZ ds e/; bl vuqca/k ds

laca/k esa mRiUu leLr fookn@iz"uksa dks ,dyiap ds le{k izsf"kr

fd;k tkosxk rFkk mDr ,dyiap dk fu.kZ; vafre gSA nksuksa i{kdkjksa

ij ck/;dkjh gksxkA ;g fd e/;LFkrk okn dh dk;Zokgh dk LFkku

uhejk.kk cgjksM+ gksxk rFkk e/;LFke ,oa lqyg vf/kfu;e 1996 ds

izko/kku ykxw gksaxsAß

13.4. Whenever any difference or dispute arises

between the LLP on the one hand and any of the

Partners or their heirs, executors administrators,

nominees or assignees on the other hand or

between the Partners inter-se or their respective

heirs, executors administrators, nominees or

assign inter-se touching the intent, construction

or incident or consequences or these Articles or

touching anything done, executed, omitted or

suffered in pursuance thereof or to any affairs of

the LLP, every such disputes or difference shall be

referred to the independent arbitrator appointed

by both the parties and it will be no objection that

he had to deal with such disputes, or differences

and it is only after an Award is given by such

Arbitrator that the parties will be entitled to take

(3 of 3)

[ARBAP-21/2020]

any other proceedings relating to such disputes,

differences and award. The language of

arbitration shall be in English and the venue of

arbitration shall be at GURGAON, (HARYANA).

The award made by such Arbitrator shall be final

and binding on the parties. The arbitration shall

be conducted according to the provisions of the

Arbitration and Conciliation Act, 1996.”

4.

On consent of the parties, this Court directs

appointment of Hon’ble Mr. Justice P. S. Asopa (Retd.) R/o 7-DHA

-6, Near Petrol Pump, Jawahar Nagar, Jaipur to act as an

Arbitrator and to d