HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Review Petition (Writ) No.300/2018

In

S.B. Civil Writ Petition No.20805/2013

Vinoba Sewa Samiti, 512, Mahavir Nagar, Near Shri Ram Mandir,

Tonk Road, Jaipur Through Its Secretary

----Petitioner

Versus

1.

The Chief Executive Officer, Khadi & Village Industries

Commission, 3, Irla Road, Vile Parle (West) Mumbai-56

2.

The Financial Advisor, Khadi & Village Industries

Commission, 3, Irla Road, Vile Parle (West), Mumbai-56

3.

The State Director, Khadi & Village Industries

Commission, Jhalana Doongri, Jaipur

----Respondents

Connected With

S.B. Review Petition (Writ) No. 14/2019

In

S.B. Civil Writ Petition No.20163/2013

Badri Narain S/o Late Shri Kalyan Sahay, Aged About 45 Years,

R/o 189, Gordhanpuri, Behind Kanak Bihari Temple, Galta Gate,

Jaipur

----Petitioner

Versus

1.

Khadi & Village Industries Commission, 3, Irla Road, Vile

Parle West, Mumbai - 56 Through Its Chief Executive

Officer

2.

The State Director, Khadi & Village Industries

Commission, Jhalana Doongri, Jaipur.

3.

Director (KPM), Directorate Of Khadi Programme &

Monitoring, 3, Irla Road, Vile Parle (West), Mumbai-56

4.

Shri Rajendra Bhandari S/o Shri L.C. Bhandari, 149,

Himmat Nagar, Gopalpura Byepass, Jaipur.

----Respondents

(2 of 15)

[WRW-300/2018]

For Petitioner(s)

:

Mr. R.N. Mathur, Senior Advocate with

Mr. Shovit Jhajharia, Adv., Mr. Azad

Ahmed, Adv.

For Respondent(s)

:

Mr. Bhrigu Sharma, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

12/01/2023

1.

These two review petitions have been filed for review/recall

of the order dated 26.05.2014 passed by this Court in S.B. Civil

Writ Petition Nos.20163/2013 & 20805/2013.

2.

The order dated 26.05.2014 was passed with the consent of

learned counsel for the parties and matter was sent for arbitration

as proposed and agreed by counsel appearing for both the parties

and Mr. S.P. Pathak, Retired Judge of this Court, was nominated as

Arbitrator. The fee and charges of the Arbitration was to be as per

Rule made by the High Court and was to be borne by the review

petitioner-Commission. The order passed by this Court on

26.05.2014 is reproduced as under:-

“With the consent of the parties, the

matter is sent for arbitration and as proposed

and agreed by the learned counsel for the

parties, Mr. S.P. Pathak, Retired Judge of this

Court is nominated as Arbitrator.

The fee and the charges for arbitration

would be as per Rule made by the High Court

and be borned by the Commission. It is

however made clear that prior to submission of

the claim petition before the Hon’ble Arbitrator,

the accounts would get audited and the

petitioner will cooperate with the respondent-

Commission to get it audited for the year 2001

to 2012-13, if not yet audited. The petitioner

would cooperate for the aforesaid and audit

would be done within 30 days and if possible

even prior to it. The Hon’ble Arbitrator would be

(3 of 15)

[WRW-300/2018]

requested to pass award expeditiously and if

possible within a time frame.

With the aforesaid, both the writ petitions

stand disposed of.”

3.

The review petitioners have pleaded that claimant submitted

their claim before the Arbitrator for an amount of

Rs.38,66,88,590.32/- (Thirty Eight Crore Sixty Six Lakh Eighty

Eight Thousand Five Hundred Ninety Rupees Thirty Two Paisa). On

the basis of said claim amount, the learned Arbitrator passed an

order on 13.02.2015, whereby payment of fee was decided as per

‘Manual Procedure For Alternative Dispute Resolution 2009’ and as

such, consolidated fee of Rs.6,59,026.26/- (Six Lakh Fifty-Nine

Thousand Twenty Six Rupees Twenty Six Paisa) was fixed and the

assistance charges of Rs.700 per sitting, was also required to be

paid to him.

4.

The review petitioners have pleaded that Arbitrator passed

an order on 15.07.2016 as a counter claim was also submitted by

the review-petitioners-Commissio