[2025:RJ-JP:26805] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Arbitration Application No. 105/2024 M/s Airtech Air Conditioners, Office At 204, Upper Ground Floor, Ashiana Building, D-10/212, Chattarpur Hills, New Delhi - 110074 Through Its Proprietor ----Petitioner/Applicant Versus M/s Rajendra Mittal Constructions Company Private Limited, 210-211, 2Nd Floor, Optus, Corporate Suits, Vasundhara Nagar, Opposite Ashiana Village, Bhiwadi- 301019, District Alwar (Ra- jasthan) ----Respondent For Petitioner(s) : Mr. Abhishek Sharma For Respondent(s) : Mr. Ram Prasad JUSTICE ANOOP KUMAR DHAND Order 17/07/2025 1. The instant Arbitration Application under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (for short, ‘Act of 1996’) has been filed by the applicant-company for appointment of a Sole Ar- bitrator to adjudicate the dispute between the parties arising out of the agreement dated 03.07.2017 containing arbitration clause 4 (xviii), which reads as under:- “Arbitration Clause 4(xviii): In case of any difference or dispute between both the parties the issue(s) will be resolved by mutual discus- sions and agreement. However, unresolved issues, if any will be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 or any amend- ments thereto. The place of Arbitration will be at Bhi- wadi, District Alwar (Raj.). The Courts at Alwar will have the legal jurisdiction”. 2. Counsel for the applicant submits that as per the aforesaid agreement, in case, any dispute occurs between the parties, the [2025:RJ-JP:26805] (2 of 4) [ARBAP-105/2024] same would be referred to the arbitrator for settlement of the same. Counsel for the applicant submits as per the terms and con- ditions of the agreement, the applicant was directed to supply and install the HVAC works in the institutional building of the respon- dent and the work was executed but due amount was not paid, hence the dispute has arisen between the parties, which is liable to be adjudicated through Arbitration, so appropriate order be passed in this regard. 3. Per contra, counsel for the respondents opposed the prayer but he is not in a position to controvert the submissions made by counsel for the applicant. 4. Looking to the fact that there exists an arbitration clause in the agreement dated 03.07.2017, which indicates that in case of any difference or dispute between both parties, the same would be resolved through mutual discussions and settled through arbi- tration in accordance with the provisions of the Act of 1996. 5. As a result, the instant arbitration application stands allowed and this Court appoints Mr. Ravindra Kumar Maheshwari, District and Sessions Judge (Retd.), resident of D-25, Keshav Vihar (Ritu- raj Home), Near Airport Terminal-2, JLN Road, Jaipur, (Mob. No.9414427419), email : rkmaheshwariravindra@gmail.com, as Sole Arbitrator to adjudicate/resolve the dispute between the par- ties. 6. The appointment of the Sole Arbitrator is subject of declara- tion being made under Section 12 of the Arbitration and Concilia- tion Act, 1996 (for short 'the Act of 1996') with respect to the in- dependence and impartiality and ability to devote sufficient time [2025:RJ-JP:26805] (3 of 4) [ARBAP-105/2024] to complete the arbitration proceedings within the prescribed pe- riod. 7. 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- 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. 8. The Registry is directed to intimate the Arbitrator- Mr. Ravin- dra Kumar Maheshwari, District and Sessions Judge (Retd.), resi- dent 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. All issues raised by the parties before the Arbitrator shall be considered in accordance with law. 10. 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 11.08.2025 or on any other date as informed by the Arbitrator subject to agreement by 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/ [2025:RJ-JP:26805] (4 of 4) [ARBAP-105/2024] Lawyers, shall be treated as sufficient communication unless same is not changed. (ANOOP KUMAR DHAND),J Ashu/188