[2025:RJ-JP:49563] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Arbitration Application No. 138/2024 M/s Rakesh Enterprises, B-123, Sethi Colony, Agra Road, Jaipur, Through Its Authorised Partner Sh. Rishabh Jain. ----Applicant Versus Union Of India, Through The Executive Engineer, Jaipur Central Division -I, CPWD, Kendriya Sadan, Block-A, Room No. 110, Sector-10, Vidyadhar Nagar, Jaipur (Rajasthan)- 302039 Mail Id- eejcd1cpwd@rediff.com, ee-jcd1-cpwd-rj@nic.in ----Respondent For Petitioner(s) : Mr. Dinesh Kumar Mishra with Mr. Kartik Agarwal For Respondent(s) : Mr. Ashish Kumar HON'BLE MR. JUSTICE BIPIN GUPTA Order 05/12/2025 1. The present arbitration application has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator. 2. Learned counsel for the applicant draws the attention of this Court to Clause 25.2 of the Arbitration Agreement, which is reproduced as under: - “25.2 Arbitration: If the aforesaid conciliation proceedings fail or the Conciliator fails to give proposal for settlement within the aforesaid period, either party may be promptly give notice in the proforma prescribed in Appendix XVIII, under intimation to the other party, to the Chief Engineer or the Superintending Engineer concerned with the work (as applicable) hereinafter referred to as the Arbitrator Appointing Authority as indicated in Schedule F, for appointment of Arbitrator.” [2025:RJ-JP:49563] (2 of 2) [ARBAP-138/2024] 3. It is contended by the learned counsel for the applicant that he had given a notice for appointment of the Arbitrator, but the same was not appointed and therefore, he has filed the present application. 4. Per contra, learned counsel for the respondent does not dispute the existence of an arbitration clause between the parties and the fact that disputes have arisen between the parties. Therefore, prayed that he has no objection, if the Arbitrator is appointed. 5. In view of the above, the present arbitration application is allowed and with the consent of both the parties, Mr. Mahesh Kumar Gupta, resident of Plot No. 155, Lane-5, Guru Jambeshwar Nagar-A, Gandhi Path, Vaishali Nagar, Jaipur-302021, is appointed as Sole Arbitrator to decide the dispute between the parties. 6. The Arbitrator shall be paid fee in accordance with the Fourth Schedule of the Act, as amended. The fee of the Arbitrator will be equally borne by both the parties. 7. The Arbitrator is requested to complete the proceedings as per time limit specified under Section 29A of the Act. 8. Copy of this order be sent to the appointed Arbitrator. (BIPIN GUPTA),J PARSHANT /95