HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Arbitration Application No.140/2024 Benson Kunjukutty George S/o Kunjukutty Mathew George, Aged About 37 Years, Partner M/s Yeshwin Enterprises And M/s Divinity Jewels, R/o House No. 42, Mahadev Nagar, Nandpuri Colony, 22 Godam, Jaipur. ----Petitioner Versus Sudhir Mansinghka S/o Shri Ramvatar Madanlal Mansinghka, Proprietor Of M/s Balaji International, R/o 304/gateway Sde Society, Kalidas Marg, Near Space Cinema, Banipark, Jaipur. ----Respondent For Petitioner(s) : Mr. Rajat Ranjan For Respondent(s) : None present JUSTICE ANOOP KUMAR DHAND Order 18/09/2025 1. By way of filing this arbitration application, a prayer has been made for appointment of an arbitrator to settle the dispute arisen between the parties. 2. Learned counsel appearing on behalf of the applicant submits that both the parties have entered into partnership deed dated 13.03.2023 by which the partnership was opened for doing the business of jewellery. Learned counsel submits that as per Clause 21 of the partnership deed, in the event of dispute between the parties with regard to anything related to the partnership business, the matter shall be referred to the arbitrator and shall be decided under the provisions of Arbitration and Conciliation Act, 1996 (for short “the Act of 1996”). Learned counsel submits that (2 of 4) [ARBAP-140/2024] now dispute has occurred between the parties, which is required to be settled through arbitration. 3. No one has put in appearance on behalf of the non-applicant inspite of service. 4. Whenever the matter was listed before this Court on last occasions, i.e., 04.04.2025, 28.03.2025 and 21.02.2025, no one has put in appearance on behalf of the non-applicant and prior to that time was sought by counsel appearing for the non-applicant for filing reply, but inspite of availing several opportunities, till date no reply has been filed. 5. Considering the submissions made by learned counsel for the applicant and looking to the Clause 21 of the partnership deed, the instant arbitration application stands allowed. 6. In view of the reasons stated above, this Court deems it just and proper to appoint Hon’ble Mr. Justice Kailash Chandra Sharma (Retd.) Resident of 20/24 N, Near Housing Board Guest House, Bhrigu Path, Mansarover, 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 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 (3 of 4) [ARBAP-140/2024] (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 Kailash Chandra Sharma (Retd.) Resident of 20/24 N, Near Housing Board Guest House, Bhrigu Path, Mansarover, Jaipur 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 appear before the Arbitrator on 08.10.2025 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. None has put in appearance on behalf of the non-applicant and he is not aware about passing of this order, Office is directed to send a copy of this order to the non-applicant on his residential address. (4 of 4) [ARBAP-140/2024] 13. Arbitrator is directed to send a notice to the non-applicant before proceeding to decide the matter on its merits. (ANOOP KUMAR DHAND),J Karan/160