HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Arbitration Application No. 68/2025 Mojika Realestate And Developers Pvt. Ltd., Through Its Director Mr. Nagarmal Aggarwal, Having Its Office At 704- 706, Kailash, Lal Kothi, Tonk Road, Jaipur, Rajasthan. ----Petitioner Versus 1. Raj Kumar Sharma S/o Late Mr. Shyoji Ram Sharma, Being R/o Village Bhamboriya, Tehsil Sanganer, District Jaipur, Raj. 2. Kamla Devi Sharma W/o Late Mr. Shyoji Ram Sharma, Being R/o Village Bhamboriya, Tehsil Sanganer, District Jaipur, Raj. 3. Raj Kumar Sharma S/o Late Mr. Shyoji Ram Sharma, Being R/o Village Bhamboriya, Tehsil Sanganer, District Jaipur, Raj. 4. Rakesh Sharma S/o Late Mr. Shyoji Ram Sharma, Being R/o Village Bhamboriya, Tehsil Sanganer, District Jaipur, Raj. 5. Shri Vishnu Kumar S/o Late Sh. Ramesh Chandra Sharma, Being Resident Of Hari Narayan Ki Dhani, Opposite Goshala, Village Bhambhoriya, Tehsil Sanganer, Dist. Jaipur. 6. Smt. Meera Devi W/o Late Sh. Ramesh Chandra Sharma, Being Resident Of Hari Narayan Ki Dhani, Opposite Goshala, Village Bhambhoriya, Tehsil Sanganer, Dist. Jaipur. 7. Meenu Devi D/o Late Sh. Ramesh Chandra Sharma, Being Resident Of Hari Narayan Ki Dhani, Opposite Goshala, Village Bhambhoriya, Tehsil Sanganer, Dist. Jaipur. 8. Seema Devi D/o Late Sh. Ramesh Chandra Sharma, Being Resident Of Hari Narayan Ki Dhani, Opposite Goshala, Village Bhambhoriya, Tehsil Sanganer, Dist. Jaipur. ----Respondents (2 of 4) [ARBAP-68/2025] For Petitioner(s) : Mr. Amol Vyas For Respondent(s) : Mr. Rohal Mittal for Mr. Manish Sharma JUSTICE ANOOP KUMAR DHAND Order 17/07/2025 1. The instant arbitration application has been submitted for substituting the Arbitrator by appointing a new Arbitrator. 2. Counsel for the petitioner submits that Mr. Kedal Lal Gupta, Former District Judge, was appointed as sole Arbitrator to resolve the dispute between the parties, by this Court while allowing the S.B. Civil Arbitration Application No.101/2022 submitted by the petitioner vide order dated 29.11.2024. It is submitted that the said Arbitrator has shown his inability to proceed with the arbitral proceedings and he has written a note in this regard to the parties on 08.02.2025. Counsel submits that under the changed circumstances, new Arbitrator be appointed. 3. Counsel for the respondents has no objection. 4. In view of the above, the application seeking substitution of Arbitrator stands allowed. 5. Mr. Ravindra Kumar Maheshwari, District and Sessions Judge (Retd.), resident of D-25, Keshav Vihar (Rituraj Home), Near Airport Terminal-2, JLN Road, Jaipur, (Mob. No.9414427419), email : rkmaheshwariravindra@gmail.com, is substituted as Arbitrator in the present matter, who shall proceed with the arbitral proceedings in continuation to the (3 of 4) [ARBAP-68/2025] previous proceedings. The appointment of the Sole Arbitrator is subject of declaration being made under Section 12 of the Arbitration and Conciliation Act, 1996 (for short 'the Act of 1996') with respect to the independence and impartiality and ability to devote sufficient time to complete the arbitration proceedings within the prescribed period. 6. The arbitration fee of the Sole Arbitrator shall be payable in accordance with the provisions contained in the Manual of Procedure of Alternative Dispute Resolution, 2009 as amended by the Manual of Procedure for Alternative Dispute Resolution (Amendment), 2017 vide notification dated 23.03.2017 read with 4th Schedule appended to the Act of 1996 or as determined by the Arbitrator with consensus of parties. 7. It is hereby observed that as the dispute is pending since long, the substituted Arbitrator is expected to conclude the proceedings at the earliest possible, keeping in mind the mandate of timeline as prescribed under Section 29-A of the Act of 1996. 8. The Registry is directed to intimate the Arbitrator- Mr. Ravindra Kumar Maheshwari, District and Sessions Judge (Retd.), resident of D-25, Keshav Vihar (Rituraj Home), Near Airport Terminal-2, JLN Road, Jaipur, for his approval and declaration in terms of Section 11(8) read with Section 12(1) of the Act of 1996. 9. The Office is further directed to send the original record of the arbitration proceedings received from the office of (4 of 4) [ARBAP-68/2025] Mr. Kedar Lal Gupta (Former District Judge) to the newly substituted Arbitrator forthwith. 10. All issues raised by the parties before the Arbitrator shall be considered in accordance with law. 11. It is expected from the parties to appear before the newly substituted Arbitrator on 07.08.2025 or any other date as informed by the Arbitrator to the parties or agreed between the parties with the consent of Arbitrator and further the parties shall provide their respective E-mail/ contact number/ mobile number as also their authorized representatives/ Lawyers appearing on their behalf before the Arbitration Tribunal, in order to facilitate the Arbitrator to send information to the parties, whenever required. The information send by the Arbitrator, on such address/ E-mail/ cellphone of the parties, their authorized representatives/ Lawyers, shall be treated as sufficient unless same is not changed. (ANOOP KUMAR DHAND),J KuD/234