Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 48677 (RAJ)

M/S SPACE 4 BUSINESS SOLUTIONS PVT. LTD. v. DISTRICT COLLECTOR (JHUNJHUNU)

ARBAP/54/2025 · 2025-11-28

Bipin Gupta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:49015] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Arbitration Application No. 54/2025 M/s Space 4 Business Solutions Pvt. Ltd., Through Authorised Signatory Juned Ansari Son Of Shri Mohd. Mustafa Ansari, Aged 29 Years, R/o A-365, Gali No.8, 25 Foota Road, Mukandpur Part- 2, Delhi-110042 ----Petitioner Versus 1. District Collector (Jhunjhunu), District Jhunjhunu (Ra- jasthan) 2. Secretary, Panchayati Raj Department Government Of Ra- jasthan, Government Secretariat Jaipur (Rajasthan) ----Respondents For Petitioner(s) : Ms. Akriti Mathur For Respondent(s) : Mr. Umesh Choudhary & Ms. Praveshika Singh on behalf of Mr. Vidyadhar Gathala, AGC HON'BLE MR. JUSTICE BIPIN GUPTA Order 28/11/2025 1. The present petition has been filed seeking appointment of Arbitrator in terms of Clause 26 of the agreement: - Settlement of Disputes: If any dispute arise out of the contract with regard to the interpretation, meaning and breach of the terms of the contract, the matter shall be referred to by the Parties to the Head of the Department who will appoint his senior most deputy as the Sole Arbi- trator of the dispute who will not be related to this con- tract and whose decision shall be final. 2. Parties do not dispute the said arbitration agreement. The only argument raised by the counsel for the respondent is that there is no breach, therefore, the Clause 26 is not applicable. [2025:RJ-JP:49015] (2 of 2) [ARBAP-54/2025] 3. Considering the same, as whether the breach has taken place or not in the present matter, is required to be adjudicated by the Arbitrator only, therefore, the present application is allowed. Hon’ble Mr. Justice Prakash Gupta (Retd.), resident of 41, Ma- hadev Nagar, Nandpuri, Hawa Sadak, Jaipur is appointed as a Sole Arbitration to decide the dispute between the parties. 4. 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. 5. The Arbitrator is requested to complete the proceedings as per time limit specified under Section 29A of the Act. 6. Copy of this order be sent to the appointed Arbitrator. (BIPIN GUPTA),J PARSHANT /130