[2025:RJ-JP:34473] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Arbitration Application No. 85/2025 Servotech Electricals Private Limited., Having Its Registered Office At 252-A, 1St Floor, Vijay Tower, Shahpur Jat, Opp. Panchsheel Commercial Complex New Delhi-110049, Mob 9910280608 Email Rksharma54@gmail.com ----Petitioner Versus Pravesh Finlease And Estate Private Limited, Having Its Regd. Office At Klf Tower, F-13B, Malviya Industrial Area, Jaipur -302017, Rajasthan. Email Praveshfin@gmail.com Also At Mahapura Mod, Near Kanchan Keshri, Jaipur-302017, Rajajsthan. ----Respondent For Petitioner(s) : Mr.Peeyush Purohit For Respondent(s) : Mr.Vaibhav Bhargava JUSTICE ANOOP KUMAR DHAND Order 28/08/2025 1. The instant arbitration application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act of 1996”) has been filed by the applicant for appointment of the Arbitrator to adjudicate/resolve the dispute pending between the parties arising out of the work order dated 01.03.2022, which contains following arbitration clause 37:- “37. Governing law & dispute resolution: All disputes, controversies, claims and differences arising out of or in relation to this Work Order, or any breach hereof, except those which cannot be settled through correspondence and mutual consultation of the parties hereto, shall be finally settled by arbitration to be conducted at Jaipur Rajasthan in accordance with the provisions of the Arbitration and Conciliation Act, 1996 subject to the provisions set out herein below. [2025:RJ-JP:34473] (2 of 4) [ARBAP-85/2025] All arbitration proceedings shall be conducted at Jaipur and a daily record of such proceedings shall be maintained. The language used in the proceeding shall be English. Both parties shall agree to select an Independent Arbitrator. If the Parties do not agree on the selection of an Independent Arbitrator, then the parties shall approach the Hon’ble High Court of Jaipur Rajasthan for appointment of arbitrator. The decision of the Arbitrator shall be final and binding on the Parties. All Disputes arising out of this Work Order shall be subject to the jurisdiction of Jaipur Rajasthan.” 2. Learned counsel for the applicant submits that the work order was given to the applicant for supplying installation, testing and commissioning of electrical and other related works for an upcoming hotel project of the respondents. Counsel submits that works were completed by the applicant, but payment was not made by the respondents, hence dispute has arisen between the parties, which is required to be settled/resolved through arbitration by appointing an independent Arbitrator in terms of Clause 37 of the Work Order. 3. Per contra, learned counsel for the non-applicant opposes the arguments and submits that no work was done by the applicant, hence, there was no question of any payment. 4. Heard and considered the submissions made at the Bar and perused the material available on record. 5. Considering the submissions made by the rival sides, this Court is of the view that the dispute has arisen between the parties, which is required to be resolved by way of appointing Arbitrator in terms of the Clause-37 of the Work Order executed between the parties. [2025:RJ-JP:34473] (3 of 4) [ARBAP-85/2025] 6. Keeping in view the terms and conditions of the arbitration clause for resolving the dispute between the parties, the application stands allowed. 7. In view of the reasons stated above, this Court deems it just and proper to appoint Shri Mahesh Bhagwati (Retired Judge) Resident of L-44 Sukhshanti, Income-Tax Colony Durgapura, Jaipur, as Sole Arbitrator to adjudicate/resolve the dispute between the parties. 8. The appointment of the Sole Arbitrator is subject to 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. 9. The arbitration fee of the Sole Arbitrator shall be payable in accordance with the provisions contained in the Manual of Procedure for 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. 10. The Registry is directed to intimate the Arbitrator-Shri Mahesh Bhagwati (Retired Judge) Resident of L-44 Sukhshanti, Income-Tax Colony Durgapura, Jaipur, for his approval and declaration in terms of Section 11(8) read with Section 12(1) of the Act of 1996. 11. All issues raised by the parties before the Arbitrator shall be considered in accordance with law. [2025:RJ-JP:34473] (4 of 4) [ARBAP-85/2025] 12. Since as per Section 29A of the Act of 1996, the arbitration proceedings are required to be concluded within the scheduled time as stipulated therein, it is expected from the parties to appear before the Arbitrator on 23.09.2025 or on any other date as informed by the Arbitrator subject to the agreement between the parties. Furthermore, the parties shall provide their respective E-mail/ contact number/ mobile number and/or also of their authorized representatives/ Lawyers appearing on their behalf before the Arbitration Tribunal, in order to facilitate the Arbitrator to send information/communication to the parties, whenever required. The information sent by the Arbitrator, on such address/ E-mail/ cellphone of the parties or to their authorized representatives/ Lawyers, shall be treated as sufficient communication unless the same is changed. 13. Accordingly, the present arbitration application stands disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /276