BAID FINSERV LTD. v. PURSHOTTAM YADAV S/O MANGAL CHAND YADAV
ARBAP/90/2024 · 2026-04-13
Sanjeev Prakash Sharma
body2026
DailyLaw.ai
[ 2026 DAILYLAW 2166 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 2166 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:15393] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Arbitration Application No. 90/2024 Baid Finserv Ltd., (Formerly Known As Baid Leasing And Finance Company Limited.) Having Office At Baid House, 2Nd Floor, 1 Tara Nagar, Ajmer Road, Jaipur Rajasthan Through Its Authorized Representative Dinesh Sharma ----Petitioner Versus
1. Purshottam Yadav S/o Mangal Chand Yadav, R/o Nitharwalo Ka Dhani Gram, Harasoli, District Jaipur -
303603. 2. Manju Devi W/o Purshottam Yadav, R/o Nitharwalo Ki Dhani Gram, Harasoli, District Jaipur -303603. 3. Surendra Kumar Yadav S/o Purshottam Yadav, R/o Nitharwalo Ka Dhani Gram, Harasoli, District Jaipur -
303603. ----Respondents For Petitioner(s) : Mr. Sandeep Bansiwal For Respondent(s) : Mr. Mukesh Kumar Saini HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA Order 13/04/2026
1. The present arbitration application under Section 11(6) of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as
“the Act of 1996”) has been filed seeking appointment of an Arbitrator to resolve the disputes regarding the loan alleged to have been released to the respondent who in reply to the application disputes the amount alleged to have been released. 2. There is a dispute arisen between the parties, which is to be resolved in terms of the arbitration clause in the agreement, which reads as under:
“12. Arbitration, Jurisdiction & Governing Law:
12.1. All claims, disputes or differences whatsoever which may at any time hereafter arise between the parties hereto concerning this agreement or its construction of effect or as to the rights, duties, obligations of liabilities of the parties
[2026:RJ-JP:15393] (2 of 2) [ARBAP-90/2024] hereto or either or them under or by virtue of or in connection with this agreement or any document executed or security created pursuant there to or otherwise as to any other manner in any way connected with or arising out of or in relation to the subject matter to this agreement (including, without limitation, enforcement of security) shall be referred to the arbitration of a sole arbitrator appointed by the company. The arbitration shall be conducted in accordance with and subject to the provisions of the arbitration & conciliation act, 1996 or any statutory modification or re-enactment thereof for the time being in force. The place of arbitration shall be as mentioned in serial no (15) of the schedule.
12.2 The provision of this agreement relating to arbitration shall not prejudice the companys rights to take criminal proceedings against the borrower and/or any other proceedings which would by their nature not be subject to the arbitration provisions of this agreement. 12.3 This agreement and the relationship between the parties shall be governed by and interpreted in accordance with the laws of India.”
3. This Court, with the consent of learned counsel for the parties, appoints Mr. Arun Kumar Pareek, (Retd. District & Sessions Judge), R/o Flat No.102, D-2-A, Kamal Vrandavan Apartment, Meera Marg, Bani Park, Jaipur-302016 to act as Sole Arbitrator and to decide all issues without prejudice to the rights and contentions raised in the present application. The arbitration fees shall be determined in accordance with the Fourth Schedule of the Act of 1996, as amended. The fee of the Arbitrator will be equally borne by both the parties. The place of arbitration shall be at Jaipur. 4. The Arbitrator is requested to complete the proceedings as per time limit specified under Section 29A of the Act of 1996. 5. The arbitration application is allowed accordingly. 6. Copy of this order be sent to the appointed Sole Arbitrator. (SANJEEV PRAKASH SHARMA),ACTING CJ SANJAY KUMAWAT/RAJAT/29