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2025 DAILYLAW 21296 (RAJ)

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

ARBAP/95/2025 · 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. 95/2025 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 Execu- tive Officer, Director, And Authorized Signatory, Shri Kartikey Hariyani Email Kartikey.hariyani@chargezone.com. ----Applicant 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 Gupta 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 Arbi- trator to adjudicate/resolve the dispute pending between the par- ties. 2. Counsel for the applicant submits that an agreement was ex- ecuted between the parties for Location Identification, Installation Operation and Maintenance of EV Charging Station setup to be in- stalled by the REIL. Counsel submits that now the dispute has oc- curred between the parties and as per Clause 20 of the Agree- ment, the matter is required to be referred to the Arbitrator to re- (2 of 3) [ARBAP-95/2025] solve 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 appli- cant 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 re- quired 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 indepen- dence and impartiality and ability to devote sufficient time to com- plete 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 Proce- dure of Alternative Dispute Resolution, 2009 as amended by the Manual of Procedure for Alternative Dispute Resolution (Amend- (3 of 3) [ARBAP-95/2025] ment), 2017 vide notification dated 23.03.2017 read with 4th schedule appended to the Act of 1996 or as determined by the Ar- bitrator 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 dec- laration 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 ap- pear 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 autho- rized 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/ cell- phone 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/221