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2025 DAILYLAW 10524 (RAJ)

M/S CHOKHI DHANI RESORTS PRIVATE LIMITED v. M/S NT 3 RESORTS

ARBAP/40/2025 · 2025-07-31

Avneesh Jhingan

body2025

Judgment text

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[2025:RJ-JP:29279] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Arbitration Application No. 40/2025 M/s Chokhi Dhani Resorts Private Limited, A Company Incorporated Under The Provisions Of The Companies Act, 1956 Having Its Registered Office At Chokhi Dhani Tower, S-8, Shyam Nagar, Main Ajmer Road, Jaipur Through Its Authorized Signatory Sri Vikas Jain, S/o Shri Rajendra Jain, Aged About 40 Years, Being Duly Authorized In The Behalf. ----Petitioner Versus 1. M/s Nt 3 Resorts, A Partnership Firm, Having Its Office At 13 Km Stone, Vpo Chikanwas, Near Toll Plaza, Nh9, Sirsa Road, Hisar, Haryana 125001 Through Authorized Representative/ Partner. 2. Shri Himanshu Garg, Partner M/s Nt 3 Resorts, 13 Km Stone, Vpo Chikanwas, Near Toll Plaza, Nh9, Sirsa Road, Hisar, Haryana 125001 3. Smt. Rekha Garg, Partner M/s Nt 3 Resorts, R/o H No. 30, Near Rajput Dharamshala, Sector - 14, Hisar, Haryana 125001 4. Shri Tarun Garg, Partner M/s Nt 3 Resorts, R/o H No. 30, Near Rajput Dharamshala, Sector - 14, Hisar, Haryana 125001 ----Respondents For Petitioner(s) : Mr. Aditya Bohra with Mr. Kanishk Singhal for Mr. Gunjan Pathak For Respondent(s) : Mr. Jatin Agarwal with Ms. Anita Goyal, Mr. Vivek Siddh & Mr. Naman Jain HON'BLE MR. JUSTICE AVNEESH JHINGAN Order 31/07/2025 1. This application is filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) for appointment of an arbitrator for adjudication of dispute between the parties. 2. Brief facts are that a franchise agreement dated 25.04.2022 was entered into between the parties wherein clause 37 of the [2025:RJ-JP:29279] (2 of 2) [ARBAP-40/2025] agreement provides for resolving the dispute through arbitration proceedings. 3. Learned counsel for the respondent fairly submits that there is a counter claim and hence, there is no objection for appointment of arbitrator. 4. Learned counsel for the parties have consented for appointment of Justice Mr.Ashok Kumar Gaur, Former Judge of Rajasthan High Court, Resident of 30, Tagore Nagar, Opp. Regale Restaurant, Ajmer Road, Jaipur (Mob. No.9414071848) as sole arbitrator to resolve the dispute between the parties. 5. In view of the above, the petition is disposed of by appointing Justice Mr.Ashok Kumar Gaur, Former Judge of Rajasthan High Court as sole arbitrator. 6. The arbitrator shall be paid fee in accordance with the Fourth Schedule of the Act, as amended. The fee of the arbitrator will be equally borne by both the parties. 7. The arbitrator is requested to complete the proceedings as per time limit specified under Section 29A of the Act. 8. It is clarified that the reference shall be subject to the applicant’s complying with all the requirements of the agreement including the condition of pre-deposit. 9. Since the main case has been disposed of, pending applications, if any, stand disposed of. 10. Copy of this order be sent to the appointed arbitrator. (AVNEESH JHINGAN),J RIYA/111