[2025:RJ-JP:48529] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Arbitration Application No. 152/2024 M/s Smc Integrated Facility Management Solutions Limited, (Formerly Known As M/s Service Master Clean Limited) A Company Registered Under The Companies Act, 1956, Having Its Registered Office At Annapurna Bhavan, Patilputra Exchange Road, Kurji, Patna - 800010, Bihar And Office Address At 3Rd Floor, Dreamax Plaza, Sahakar Marg, Jyoti Nagar, Lalkothi, Jaipur (Rajasthan) - 302005 ----Applicant Versus Union Of India Through Divisional Railway Manager, (Mechanical (Enhm And P) Deptt, Jaipur Division, North Western Railway, And Instrumentality Of The State Having Its Office At Near Jawahar Circle, Jaipur, 302017 ----Respondent For Applicant(s) : Mr. Abhishek B Sharma For Respondent(s) : Mr. Devesh Yadav, CGC HON'BLE MR. JUSTICE BIPIN GUPTA Order 28/11/2025 1. The present application has been filed by the applicant contending therein that he entered into an contract vide contract dated 04.11.2022. 2. As per the contract, there is an arbitration clause between the parties which is as under:- “8.2 Demand for Arbitration 8.2.1 In the event of any dispute or difference between the parties hereto as to the construction or operation of this contract, or the respective rights and liabilities of the parties on any matter in question, dispute or difference on any account or as to the withholding by the Railway of any certificate to which the contractor may claim to be entitled to, or if the Railway fails to make a decision within 120 days, then and in any such [2025:RJ-JP:48529] (2 of 3) [ARBAP-152/2024] case, but except in any of the "excepted matters" referred to in clause 63 of these Conditions, the contractor, after 120 days but within 180 days of her presenting her final claim on disputed matters shall demand in writing that the dispute or difference be referred to arbitration.” 3. It is contended by learned counsel for the applicant that since the dispute has arisen between the parties, he by way of notice dated 26.07.2024, demanded for appointment of an Arbitrator. When no action was taken, he filed an application under Section 11 (6) of the Arbitration & Conciliation Act, 1996. 4. Per contra, learned counsel for the respondent submits that there is an arbitration clause, but the applicant is not entitled to get the matter referred since he has breached the conditions of the contract and has not paid the dues of the labourers. 5. Considering the above submissions, this Court has to only see whether there is an arbitration clause between the parties. Undisputedly, an arbitration clause exists between the parties. Therefore, whether the breach has been committed by the applicant or by the respondent is a matter to be adjudicated by the arbitrator only. 6. Considering the same, the present arbitration application is allowed. Hon’ble Mr. Justice Alok Sharma (Retd.), resident of K-39, Incomes Tax Colony, Tonk Road, Jaipur, is appointed as sole Arbitrator to decide the dispute between the parties. 7. 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. [2025:RJ-JP:48529] (3 of 3) [ARBAP-152/2024] 8. The Arbitrator is requested to complete the proceedings as per time limit specified under Section 29A of the Act. 9. With the above observations, the present Arbitration Application stands disposed of. 10. All pending application(s), if any, also stands disposed of. 11. Copy of this order be sent to the appointed Arbitrator. (BIPIN GUPTA),J MAHIMA/115