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2025 DAILYLAW 21270 (RAJ)

M/S TECSO CHARGE ZONE PRIVATE LIMITED v. M/S RAJASTHAN ELECTRONICS AND INSTRUMENTS LIMITED(REIL)

ARBAP/94/2025 · 2025-09-18

Anoop Kumar Dhand

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Arbitration Application No. 94/2025 M/s Tecso Charge Zone Private Limited, Having Its Office At 401, Benison Complex, Opposite To Shiv Mahal Palace, Old Padra Road, Vadodra-390007, Gujarat, India, Through Its Chief Executive Officer, Director, And Authorized Signatory, Shri Kartikey Hariyani Email Kartikey.hariyani@chargezone.com. ----Petitioner Versus M/s Rajasthan Electronics And Instruments Limited(Reil), Through Its Managing Director Having Its Registered Office At 2, Kanakpura Industrial Area, Sirsi Road, Jaipur-302012, Email Pn.sharma@reil.co.in ----Respondent For Petitioner(s) : Ms. Shretima Bagri For Respondent(s) : Mr. Kapil Sharma JUSTICE ANOOP KUMAR DHAND Order 18/09/2025 1. By way of filing this arbitration application under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (for short, ‘the Act of 1996’) a prayer has been made for the appointment of an Arbitrator to adjudicate/resolve the dispute pending between the parties. 2. Counsel for the applicant submits that an agreement was executed between the parties for Location Identification, Installation Operation and Maintenance of EV Charging Station setup to be installed by the REIL. Counsel submits that now the dispute has occurred between the parties and as per Clause 20 of the Agreement, the matter is required to be referred to the (2 of 3) [ARBAP-94/2025] Arbitrator to resolve the dispute in terms of the provisions contained under the Act of 1996. 3. Per Contra, Counsel appearing on behalf of the respondent opposed the arguments raised by counsel for the applicant but he is not in a position to controvert the submissions made by counsel for the applicant. 4. Considering the arguments raised by counsel for the applicant and looking to the fact that as per the Clause 20 of the Agreement in case, any dispute occurs between the parties, the same would be resolved through the Arbitrator in terms of the provisions contained under the Act of 1996. 5. Since the disputes has occurred between the parties is required to be resolved through the Arbitrator, hence application stands allowed. 6. In view of the reasons stated above, this Court deems it just and proper to appoint Hon’ble Mr. Justice Pankaj Bhandari (Retd.) Resident of Bhandari Farm House, Near Hingoniya Goushala, Jaipur as Sole Arbitrator to adjudicate/resolve the dispute between the parties. 7. 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. 8. 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 (3 of 3) [ARBAP-94/2025] 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. 9. The Registry is directed to intimate the Arbitrator- Hon’ble Mr. Justice Pankaj Bhandari (Retd.) Resident of Bhandari Farm House, Near Hingoniya Goushala, Jaipur for his approval and declaration in terms of Section 11(8) read with Section 12(1) of the Act of 1996. 10. All issues raised by the parties before the Arbitrator shall be considered in accordance with law. 11. 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 10.10.2025 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 send 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 same is not changed. (ANOOP KUMAR DHAND),J Ashu/220