M/S DETECTION INSTRUMENTS (INDIA) PRIVATE LIMITED v. UNION OF INDIA
ARBAP/93/2024 · 2026-03-06
Sanjeev Prakash Sharma
body2026
DailyLaw.ai
[ 2026 DAILYLAW 4685 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4685 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:9773] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Arbitration Application No. 93/2024 M/s Detection Instruments (India) Private Limited, Having Its Office At EL-36, Electronics Zone, Ttc Indi. Area, MIDC Mahape, Navi Mumbai-400710 through its authorized Signatory Mr. Amit Satra. ----Applicant Versus
1. Union of India through General Manager, North Western Railway, NWR Head Quarter, Near Jawahar Circle Malviya Nagar Jaipur-302017. 2. Divisional Rail Manager (S & T), Jodhpur Division, North Western Railway, DRM Office, Jodhpur. ----Respondents For Petitioner(s) : Mr. Jatin Agarwal with Ms. Anita Goyal For Respondent(s) : Mr. Abhi Goyal HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA Order 06/03/2026
1. The applicant raised a dispute and demanded an amount of Rs.20 lacs relating to the work done. The respondents disputed the amount claimed and submit that nothing is required to be paid to the applicant. 2. This Court in D.B. Civil Reference No.1/2024 titled M/s Devender Singh Contractor vs. Union of India, decided on 14.11.2025, has held as under:
“2. It is not in dispute between the parties that there exist an arbitration clause. The arbitration clause is an independent clause which has to be read independently of
[2026:RJ-JP:9773] (2 of 2) [ARBAP-93/2024] the other clauses of the Arbitrator and Conciliation Act, 1996 (for short ‘the Act’) and unless there is an embargo in the said arbitration clause merely because in some other clauses of the agreement, certain parts are excluded would not create embargo for appointment of arbitrator. In, Interplay between Arbitration Agreements (2024) 6 SCC 1, the Supreme Court held that if the arbitration clause exist then the question of arbitrability or non-arbitrability will have to be examined by the concerned arbitrator who is to be appointed by the Court in terms of Section 11(6) of the Act. Leaving it open to the concerned arbitrator to exercise his powers in terms of Section16 of the Act.”
3. This Court notices that a dispute has arisen between the parties and there is an arbitration clause which provides for adjudication. Owing to the said event having arisen, this Court deems it appropriate to appoint Hon'ble Mr. Justice Narendra Singh Dhaddha (Former Judge, Rajasthan High Court) resident of 705, Navkar Residency, Jai Singh Highway, Bani Park, Jaipur as Sole Arbitrator. 4.
The sole Arbitrator shall be paid fee in accordance with the Fourth Schedule of the Arbitration and Conciliation Act, 1996 (for short ‘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. The arbitration application is allowed accordingly. 7. Copy of this order be sent to the appointed Arbitrator. (SANJEEV PRAKASH SHARMA),ACTING CJ Simple Kumawat /58