[2025:RJ-JP:48545] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Arbitration Application No. 35/2025 M/s Hdfc Bank Limited, Its Registered Officeat Hdfc Bank House, Senapati Bapat Marg, Lower Parel (West), Mumbai - 400013 And One Among Many Branch Offices At Hdfc Bank Ltd, 4Th Floor Times Square Building, Central Spine, Vidhyadhar Nagar Jaipur- 302016 Rajasthan. ----Applicant Versus 1. Pramod Kumar Bunkar, Shree Manglam Vihar 2 Guwardi Chomu Jaipur Rajasthan 2. Kailash Chand Bunkar S/o Pema Ram Bunkarkhapriya, Durga Ka Bas Bunkaro Ka Mohalla Anopura, Naupura Jaipur - 303801. ----Non-Applicants For Petitioner(s) : Mr. Peush Nag Mr. Avinash Kumbhaj For Respondent(s) : HON'BLE MR. JUSTICE BIPIN GUPTA Order 28/11/2025 1. None present for the respondent despite service. 2. This Court has no option except to proceed with the matter ex-parte. 3. Learned counsel for the applicant draws attention of this Court towards the loan agreement, where there exists Clause 30, which is reproduced below:- “This agreement shall be construed in accordance with the laws of India. The Parties hereto expressly agree that all disputes arising out of and/or relating to this Agreement including any Collateral Document shall be subject to the exclusive jurisdiction of the [2025:RJ-JP:48545] (2 of 3) [ARBAP-35/2025] courts/tribunals of the city in which the Lending Office is situated. Provided that to the extent allowed by law, the Bank shall be entitled to take proceedings relating to a dispute in any court/tribunal of any place with jurisdiction. Provided further that if any dispute arising under this Agreement is below the pecuniary jurisdiction limit of the Debt Recovery Tribunals established under Recovery of any dispute arising under this Agreement is below the pecuniary jurisdiction limit of the Debt Recovery Tribunals established under Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993), then such dispute shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 as may be amended, or its re-enactment by a sole arbitrator, appointed by the Bank. The arbitration proceedings shall be conducted in the English language. The award passed by the arbitrator shall be final and binding on the Parties. The costs of such arbitration shall be borne by the losing Party or otherwise as determined in the arbitration award. The venue of the arbitration shall be the city in which the Lending Office is situated or such other place as may be determined by the Bank. If a party is required to enforce an arbitral award by legal action of any kind, the party against whom such legal action is taken shall pay all reasonable costs and expenses and attorney’s fees, including any cost of additional litigation or arbitration taken by the party seeking to enforce the award.” 4. He further submits that a notice for appointment of Arbitrator was given by them on 05.02.2025. He submits that dispute between the parties is around rupees six lacs and odd amount and, therefore, prayed that Arbitrator may be appointed. 5. The application is allowed. Mr. Arif Mohammed Madani, District Judge (Retd.) resident of #302, 3rd Floor, Felicity Tower, Sahakar Marg, Jaipur-302005, is appointed as sole Arbitrator to decide the dispute between the parties. [2025:RJ-JP:48545] (3 of 3) [ARBAP-35/2025] 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 Chandan/123