[2025:RJ-JP:37100] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Arbitration Application No.113/2024 M/s Prakash Asphalthings And Toll Highways (India) Ltd., A Company Incorporated Under The Companies Act, 1956, Having Its Administrative Office At 76, Mall Road, Mhow, Distt. - Indore (M.p.) 453441, Acting Through Its Authorized Representative Mr. Anuj Goyal. ----Petitioner Versus Road Infrastructure Development Company Of Rajasthan Limited, A Company Incorporated Under The Companies Act, 1956, Having Its Registered Office At First Floor, Lic Jeevan Nidhi Building, Ambedkar Circle, Bhawani Singh Marg, Jaipur- 302005 (Raj.). ----Respondent For Petitioner(s) : Mr. Siddharth Bapna For Respondent(s) : Mr. Samit Bishnoi JUSTICE ANOOP KUMAR DHAND Order 11/09/2025 1. The instant arbitration application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short “the Act of 1996”) has been submitted for settlement of dispute between the parties through arbitration. 2. The contents of the arbitration application indicates that an agreement was executed between the parties on 06.04.2021 and subsequently the dispute arose between them with regard to compensation and force majeure. As per Clause 28 of the agreement, in case, any dispute occurs between the parties, the [2025:RJ-JP:37100] (2 of 4) [ARBAP-113/2024] same shall be referred to the arbitrator in terms of the Act of 1996. 3. Clause 28 of the agreement reads as under:- “28. ARBITRATION: (a) In case any dispute is not resolved by the dispute resolution committee within the time period stipulated above, then all disputes and/or difference arising between the parties out of this Contract shall be settled by Arbitration under and in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (as amended from time to time) and amendments thereof. The panel of Arbitral Tribunal shall consist of (I) Independent Engineer (appointed by GoR as per the PDA); (II) Independent Auditor (appointed by GoR as per the PDA); and (III) one arbitrator nominated by the Contractor The Independent Engineer shall be the presiding arbitrator. The award made and published in pursuance of such Arbitration proceedings shall be final and binding both the parties. (b) The proceedings of the Arbitration shall be held in English language and shall held at Jaipur or such place as may be decided by the Arbitral Tribunal. The award of the Arbitration shall be final and binding on both the parties to the Contract. (c) Pending resolution of any dispute pursuant to Arbitration, under all circumstances the Contractor shall continue to perform as per contract and continue to remit the agreed installments of money to the Authority as prescribed in this Contract including when the dispute is about the amount to be remitted. (d) Governing Law and Jurisdiction:- The contract Agreement shall be governed by construed in accordance with the laws of India and the Courts at Jaipur shall the exclusive jurisdiction over all disputes arising under, pursuant to and/or in connection with the contract Agreement.” 4. Learned counsel for the respondent opposes the contents of the arbitration application, but he is not in a position to controvert the submissions of the counsel for the petitioner and the contents [2025:RJ-JP:37100] (3 of 4) [ARBAP-113/2024] of the agreement, which clearly specifies that, in case, any dispute occurs between the parties, the same shall be decided by the arbitrator. 5. Heard and considered the submissions made at the Bar and perused the material available on the record. 6. In view of the above, this Court deems it just and proper to appoint Hon’ble Mr. Justice Ashok Kumar Gaur (Retd.), Resident of 30, Tagore Nagar, Opp. Regal Restaurant, DCM Ajmer Road, 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 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 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. 9. The Registry is directed to intimate the Arbitrator-Hon’ble Mr. Justice Ashok Kumar Gaur (Retd.), Resident of 30, Tagore Nagar, Opp. Regal Restaurant, DCM Ajmer Road, Jaipur for his approval and declaration in terms of Section 11(8) read with Section 12(1) of the Act of 1996. [2025:RJ-JP:37100] (4 of 4) [ARBAP-113/2024] 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. 12. Accordingly, the present arbitration application stands disposed of. (ANOOP KUMAR DHAND),J Karan/225