Research › Search › Judgment

High Court of Rajasthan · body

2026 DAILYLAW 13376 (RAJ)

KISHORE KUMAR ROGHA S/O SH. JETHA NAND ROGHA v. DASHRATH KUMAR SAINI S/O SH. RADHEY SHYAM

ARBAP/26/2025 · 2026-08-14

Sanjeev Prakash Sharma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:32343] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Arbitration Application No.26/2025 CNR: RJHC020154492025 | URN: ARBAP / 42U / 2025 Kishore Kumar Rogha S/o Sh. Jetha Nand Rogha, Aged About 52 Years, R/o Rogha Compound, Anand Nagar Colony, Khairthal, Al- war (Rajasthan) ----Applicant Versus 1. Dashrath Kumar Saini S/o Sh. Radhey Shyam, Aged About 48 Years, R/o Dhandhela, Patan, Sikar, Neem Ka Thana (Rajasthan) 2. Shimbhu Dayal Saini S/o Radhey Shyam, Aged About 55 Years, R/o Dhandhela, Patan, Sikar, Neem Ka Thana (Ra- jasthan) ----Non Applicants 3. Raghuveer Prasad S/o Sh. Mukhe Ram, Aged About 55 Years, R/o Ward No. 13, Moolchand Patwari Ka Mohalla, Patan, Sikar (Rajasthan) ----Performa Non Applicant For Petitioner(s) : Mr.Srijan Tiwari, Adv. For Respondent(s) : Ms.Anisha Yadav, Adv. HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA Order 14/08/2026 1. The present Arbitration Application under Section 11 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as “Act of 1996”) has been filed seeking appointment of an Arbitrator to resolve the dispute between the parties. 2. There is a dispute arisen between the parties, which is to be resolved in terms of Clause 13 of the Partnership Deed dated 11.11.2021, which reads as under: [2026:RJ-JP:32343] (2 of 2) [ARBAP-26/2025] “13. In case of the any dispute arising between the partners regarding the term and conditions of the instrument as the firm's business the same shall be referred to arbitration and decision of the arbitration shall be binding on all partners proceeding of the arbitration shall be governed by the arbitration Act, for the time being in force." 3. This Court, taking into consideration the nature of dispute which could not be sorted out between the parties through mediation, deems it appropriate to appoint Mr.Atul Kumar Chatterjee, (Retired District Judge) Resident of C-500, Nirman Nagar, Ajmer Road, Jaipur (Raj.)-302019 to act as a Sole Arbitrator and to decide all issues without prejudice to the rights and contentions raised in the present arbitration proceedings. 4. The arbitration fees shall be determined in accordance with the 4th Schedule of the Arbitration & Conciliation Act, 1996 (for short 'Act of 1996') as amended. The fee of the Arbitrator will be equally borne by both the parties. 5. The Arbitration Application is allowed accordingly. 6. Copy of this order be sent to the appointed Sole Arbitrator. (SANJEEV PRAKASH SHARMA), ACTING CJ 28/Himanshu Soni