[2025:RJ-JP:25530] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Arbitration Application No. 95/2024 M/s KGC Enterprises, a partnership firm represented through its partner Mr. Sankalp Gupta Having Its Office Situated At Plot No.B-18, Aashiyna Apartment, Vashishth Marg, Shyam Nagar, Sodala, Jaipur-302019. ----Petitioner Versus M/s Gracious Represented Through Its Partner Ms. Gunjan Sharma, Having Its Registered Office Situated At Flat No. 102, Tower-2, Rangoli Greens, Maharana Pratap Marg, Panchyawala, Vaishali Nagar, Jaipur-302034. ----Respondent For Petitioner(s) : Mr. Nitesh Srivastava Mr. Mohit Sharma Mr. Ankit Sareen For Respondent(s) : Ms. Chhaya Sharma along with Mr. Ankit Kumar on behalf of Mr. Tapeshwar Pal Singh Parmar JUSTICE ANOOP KUMAR DHAND Order 10/07/2025 1. By way of filing this arbitration application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act of 1996”), a prayer has been made for appointment of an arbitrator to adjudicate the dispute between the parties. 2. Learned counsel appearing for the petitioner submits that a Franchise Agreement was executed between the petitioner and the respondent with certain terms and conditions, which have been flouted and now the dispute had occurred between the parties. Learned counsel also submits that as per the Article XXIX(3) of [2025:RJ-JP:25530] (2 of 4) [ARBAP-95/2024] the Franchise Agreement dated 10.01.2020, the dispute is liable to be referred to the arbitrator. 3. For ready reference, Article XXIX(3) of the Franchise Agreement is reproduced here as under: “Any and all disputes (“Disputes”) arising out of or in relation to or in connection with this Agreement between the Parties or relating to the performance or non- performance of the rights and obligations set forth herein or the breach, termination, invalidity or interpretation thereof shall be referred for arbitration at Jaipur, Rajasthan in accordance with the terms of Indian Arbitration and Conciliation Act, 1996 or any amendments thereof. The language used in the arbitral proceedings shall be English. Arbitration shall be conducted by a sole arbitrator, who shall be appointed by the Franchisor only. The sole arbitrator shall be appointed as per the provisions of Arbitration and Conciliation Act, 1996. The arbitral award shall be in writing and shall be final and binding on each party and shall be enforceable in any Court of competent jurisdiction.” 4. Learned counsel for the respondent has no objection, in case the dispute is referred to the arbitrator, appointing him to resolve their dispute. 5. Heard and considered the submissions made at the Bar and perused the material available on record. [2025:RJ-JP:25530] (3 of 4) [ARBAP-95/2024] 6. Considering the consent given by counsel for the respondent, this Court deems it just and proper to appoint Mr. D.P. Sharma, District Judge (Retd.), C-11 Radha Nikunj, Muhana Mandi Road/Iskon Temple Road, Mansarovar, Jaipur-302020 (Mob. No.9414072055), as Sole Arbitrator to adjudicate/resolve the dispute between the parties. 7. The appointment of the Sole Arbitrator is subject to declaration being made under Section 12 of 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 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-Mr. D.P. Sharma, District Judge (Retd.), C 11 Radha Nikunj, Muhana Mandi Road/Iskon Temple Road, Mansarovar, Jaipur-302020 (Mob. No.9414072055) 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 [2025:RJ-JP:25530] (4 of 4) [ARBAP-95/2024] appear before the Arbitrator on 05.08.2025 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 same is not changed. 12. Accordingly, the present Arbitration Application stands allowed. (ANOOP KUMAR DHAND),J AMIT/147