[2025:RJ-JP:374] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Arbitration Application No. 121/2024 M/s Pooja Construction, through its Authorized Representative Mr. Toshit Gupta Registered Office At House No. 274, Block-C Vikaspuri, New Delhi-110018. ----Petitioner Versus 1. Union Of India, Through The Chief Engineer, Military Engineer Services, Jaipur Zone, South Western Command (Military Engineer Service) Power House Road, Bani Park, Jaipur 302006. 2. Engineer-In-Chief, Kashmir House Rajaji Marg, New Delhi- 110011 ----Respondents For Petitioner(s) : Mr. Tarang Gupta, Ms. Risha Mittal for Mr. Umang Gupta For Respondent(s) : Mr. Rahul Kamwar HON'BLE MR. JUSTICE SUDESH BANSAL Order 03/01/2025 1. Applicant has filed instant arbitration application under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of a sole arbitrator to adjudicate/ settle the dispute between parties which has arisen out of contract assigned by the respondents to the applicant-Firm, under the work order dated 31.01.2017. 2. Having heard counsel for both parties and from perusal of record, it appears that a contract to provide all materials, labour, tools, paints and equipments/ appliances, required for full and final completion of the entire work at MES Bharatpur, was assigned by the respondents in favour of applicant-Firm and as per the work order, the date of handing over the site was determined w.e.f. 10.02.2017 from which the work was to be [2025:RJ-JP:374] (2 of 4) [ARBAP-121/2024] commenced and it was required to be completed within a period of one year it means up to 09.02.2018. It appears that the dispute has arisen between the parties in respect of handing over the site belated due to which the work could not be completed within the stipulated period and neither the completion certificate has been issued by the respondents nor the full and final settlement, for which invoices have been raised by the applicant, has been cleared. In order to resolve such dispute, an Arbitrator has been prayed to be appointed in view of Clause 70 of the General Conditions of Contracts. 3. Indisputably, earlier respondents had appointed two Arbitrators unilaterally to resolve such dispute but they have expressed their recusal, hence, now the applicant has moved this arbitration application, after serving a legal notice dated 01.02.2024, for appointment of an arbitrator and has suggested name of five Arbitrators from the MoD Panel of Arbitrators. Legal Notice dated 01.02.2024 is annexed along with the arbitration application as Annexure-34. 4. Counsel for respondents, having instructions from respondents, does not dispute for appointment of any of the arbitrator, out of panel of five Arbitrators, suggested by the applicant. 5. Finally, during course of arguments, counsel for both parties have agreed to appoint Mr. Vijender Kumar Jain, Address:- B-249, Sushant Lok, Gurugram, Haryana- 122022; Phone No.9818834729; E-mail ID:- vijender126@yahoo.com, as [2025:RJ-JP:374] (3 of 4) [ARBAP-121/2024] Arbitrator to adjudicate the dispute between parties in accordance with provisions of the Arbitration and Conciliation Act, 1996. 6. It has been agreed by counsel for both parties that the above named Arbitrator has qualification and eligibility to act as Arbitrator in terms of Clause 70 of the Arbitration agreement and has also given his consent to act as Arbitrator and he is also one of the empanelled Arbitrator in the Ministry of Defence. 7. The arbitration fee of the 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. 8. All other issues may be raised by the parties before the Arbitrator, which shall be considered in accordance with law. 9. Since as per Section 29A of the Arbitration and Conciliation Act, 1996, the arbitration proceedings are required to be concluded within scheduled time as stipulated therein, it is expected from the parties to appear before the Arbitrator on 03.02.2025 or any other date as informed by the Arbitrator to parties or agreed between parties with the consent of Arbitrator, and further parties shall provide their respective E-mail/ Contact Number/ Mobile Number as also of their authorized representatives/lawyers, appearing on their behalf before the Arbitration Tribunal, in order to facilitate the Arbitrator to send information to the parties, whenever required. The information [2025:RJ-JP:374] (4 of 4) [ARBAP-121/2024] sent by the Arbitrator, on such address/ E-mail/ cellphone of the parties/ their authorized representatives/lawyers, shall be treated as sufficient unless same is not changed. 10. The instant arbitration application stands disposed of accordingly. (SUDESH BANSAL),J NITIN /34