HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Arbitration Application No. 48/2022

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

297, Baknaur, District Ambala, Haryana-134--3, Disignated

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, 2^nd 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

Developer 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. Dinesh Kala

For Respondent(s)

:

Mr. R.K. Agarwal Sr. Adv. assisted by

Mr. Adhiraj Modi

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Order

29/06/2022

1.

This Arbitration Application has been filed under Section 15

read with Section 11 of Arbitration and Conciliation Act, 1996 for

appointment of arbitrator.

2.

It is contended by counsel for the applicant that the matter

was referred to sole arbitrator Hon’ble Mr. Justice P.S. Asopa

(Retd.) who was appointed by the Court vide order dated

16.07.2021. His mandate has been terminated by the Court vide

(2 of 2)

[ARBAP-48/2022]

order dated 03.03.2022 passed by Commercial Court Jaipur

Metropolitan-II, Jaipur. It is also contended that applicant had

suggested the name of Hon’ble Mr. Justice Vijay Kumar

Vyas(Retd.) in reply to which the non-applicant suggested the

name of Hon’ble Mr. Justice Pradeep Nandrajog(Retd. Chief

Justice).

3.

I have considered the contentions.

4.

Counsel for the parties have agreed to the appointment of

Hon’ble Mr. Justice Mohammad Rafiq(Retired Chief Justice) as an

Arbitrator to decide the dispute.

5.

Accordingly, the arbitration application stands allowed.

Hon’ble Mr. Justice Mohammad Rafiq(Retired Chief Justice) is

appointed as sole arbitrator.

6.

The appointment of the sole arbitrator is subject to the

declarations being made under Section 12 of the Arbitration &

Conciliation Act, 1996 with respect to independence and

impartiality, and the ability to devote sufficient time to complete

the arbitration within the prescribed period.

7.

The Arbitrator shall be entitled to lay down fees as provided

under Manual of Procedure for Alternative Disputes Resolution,

2009 as amended from time to time.

8.

Registry is directed to intimate Hon’ble

Mr. Justice

Mohammad Rafiq(Retired Chief Justice) and obtain his formal

consent.

(PANKAJ BHANDARI),J

HEENA/24