Court : Rajasthan Jodhpur
..... the arbitration and conciliation bill, 1995 which preceded the 1996 act stated as one of its main objectives the need to minimise the supervisory role of courts in the arbitral process .this objective has found expression in section 5 of the act which prescribes the extent of judicial intervention in no uncertain terms.mr.vyas has also placed reliance on three judges' bench decision of the apex court in consolidated engineering enterprises versus principal secretary, irrigation department and others (2008) 7 supreme court cases 169 wherein the similar issue ..... arose and the court recorded a finding in clear and unequivocal terms that in relation to proceeidngs under section 34 of the act of 1996, the provisions under section 5 & 14 are .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... no response to the notice aforesaid was given, hence, the instant application for appointment of arbitrator as per provisions of section 11(6) of the arbitration and conciliation act, 1996 is preferred. ..... the arbitrator shall be entitled for renumeration and other perquisites in accordance with the alternative dispute resolution, 2009 prescribed by the rajasthan high court. ..... the registry is directed to send a copy of this order to the sole arbitrator at the address given at the earliest. ..... ) is appointed as the sole arbitrator to resolve the dispute as referred in notice dated 9.9.2013. ..... arbitration appln. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... no response to the notice aforesaid was given, hence, the instant application for appointment of arbitrator as per provisions of section 11(6) of the arbitration and conciliation act, 1996 is preferred. ..... the arbitrator shall be entitled for renumeration and other perquisites in accordance with the alternative dispute resolution, 2009 prescribed by the rajasthan high court. ..... the registry is directed to send a copy of this order to the sole arbitrator at the address given at the earliest. ..... ) is appointed as the sole arbitrator to resolve the dispute as referred in notice dated 09.9.2013. ..... arbitration appln. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... it is asserted that in view of the dispute existing between the parties an -8- arbitrator is required to be appointed by this court as per sub-sections (5) and (6) of section 11 of the arbitration and conciliation act, 1996 (hereinafter referred to as the act of 1996 . ..... through email notice dated 13.1.2014 as under:- having gone through the notice under section 11 of the arbitration and conciliation act 96, dated 2.1.2014, your (addressees 1 and2) reply thereto being dated 6.1.2014, my notice -5- dated 7.1.2014, your (addressee no.1) reply thereto, being dated 10.1.2014, the reminder dated 12.1.2014, and the reply to you (addressee no.3) dated 13.1.2014, and the various relevant provisions of the arbitration and conciliation act 96, i do not find any sufficient or substantive legal basis to recall the notice dated 7.1.2014 ..... now in view of notice under section 11 of the arbitration and conciliation act 96, dated 2.1.2014, reply given by shri om mehta advocate dated 6.1.2014, reply by you, the addressee no.1 and 2, and in view of the request made in para 17 of the notice under section 11 of the arbitration and conciliation act 96, dated 2.1.2014, the sitting of the arbitration is hereby fixed on 27.01.2014 at 11.00 a.m.at jodhpur at my residence. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... no action thereupon was taken, hence this application as per provisions of section 11(6) of the arbitration and conciliation act, 1996 is preferred. ..... the arbitrator shall be entitled for renumeration and other perquisites in accordance with the alternative dispute resolution, 2009 prescribed by the rajasthan high court. ..... the registry is directed to send a copy of this order to the sole arbitrator at the address given at the earliest. ..... ) is appointed as the sole arbitrator to resolve the dispute as referred in notice dated 30.9.2013. ..... i can't examine the merits contested as that is within the domain of arbitral proceedings. ..... arbitration appln. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... to the notice for demand of justice was given; hence, this application as per [2].the provisions of section 11 (6) of the arbitration and conciliation act, 1996 is preferred. ..... is directed to remit a copy of this order to the arbitrator appointed forthwith at the address given to initiate and conclude the arbitration proceedings in pursuant to this order. ..... , retired district judge, resident of plot no.1, padmawati nagar i, jalam niwas, paota 'b' road, jodhpur is appointed as arbitrator to adjudicate the issues raised by the applicant in the notice dated 01.08.2011. ..... of the instrument dated 09.02.2008 provides for appointment of an arbitrator for redressal of the disputes between the parties. ..... the arbitrator appointed shall be entitled for fee, remuneration and other perquisites in accordance with the alternative dispute resolution 2009 prescribed by the rajasthan ..... despite notice given by the applicant, no arbitrator was appointed by the developer, therefore, i deem it appropriate to accept ..... arbitration application no.39/2012 mukesh mangal versus ansal properties and infrastructures limited, new delhi ..... notice for demand of justice dated 01.08.2011 with a request to appoint an independent arbitrator to adjudicate the disputes existing. ..... order : 22.07.2014 present hon'ble mr.justice govind mathur mr.mukesh mangal, applicant, present in person by the court : by an instrument dated 09.02.2008, ansal properties and infrastructures limited, new delhi allotted a shop at ansal royal plaza . .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... none present for the respondent (s) ..by the court : this application is preferred as per provisions of section 11 (6) of the arbitration and conciliation act, 1996 for appointment of arbitrator to resolve the dispute as agitated under the notice (annex.8) dated 22.2.2012. ..... ) is hereby appointed as the sole arbitrator to initiate arbitral proceedings and to resolve the dispute as agitated in notice dated (annex.8) dated 22.2.2012. ..... the arbitrator shall be entitled for renumeration and other perquisites in accordance with the alternative dispute resolution, 2009 prescribed by the rajasthan high court. ..... the registry is directed to send a copy of this order to the sole arbitrator at the address given at the earliest. ..... arbitration appln. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... no response to the notice was given by the respondents, thus, an application as per section 11(6) of the arbitration and conciliation act, 1996 was presented on 03.8.2012. ..... , applicant present in person ..by the court : the applicant, a contractor, entered into an agreement with the respondent paschimi rajasthan dugdh utpadak sahakari sangh limited, heavy industrial area, jodhpur on 22.2.2006 and as per that, he was supposed to supply raw chilled milk, manufacture and supply pasteurized liquid milk in road milk tankers and/ or in poly packs under the brand name prduss .the applicant after completing the work, submitted bills no.6 to 21 amounting to rs.2,51,533.72. ..... the respondents did not act upon that by appointing arbitrator or referring the dispute for arbitral proceedings. ..... it is not in dispute that clause 23 of the agreement pertains to arbitration proceedings and the applicant submitted an application for initiating arbitral proceedings. ..... sampat raj sharma, retired district & sessions judge, resident of 42, bheru vilas, sardar club scheme, jodhpur is appointed as sole arbitrator to resolve the dispute as agitated in notice dated 23.4.2011. ..... the arbitrator shall be entitled for renumeration and other perquisites in accordance with the alternative dispute resolution, 2009 prescribed by the rajasthan high ..... is also stated that the applicant can very well agitate his cause before the registrar, cooperative societies as per section 58 of the rajasthan cooperative societies act, 2001. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... no payment as claimed for was made, therefore, by a notice dated 10.9.2013 the applicant made a request for appointment of arbitrator but of no consequence, hence, this application as per section 11(6) of the arbitration and conciliation act, 1996 is preferred. ..... having landline number 0291-2547441 is appointed as the sole arbitrator to resolve the dispute as agitated in notice dated 10.9.2013. ..... the arbitrator shall be entitled for renumeration and other perquisites in accordance with the alternative dispute resolution, 2009 prescribed by the rajasthan high court ..... the registry is directed to send a copy of this order to the sole arbitrator at the address given at the earliest. ..... the issue about entitlement of the applicant is not required to be decided in present proceedings and the only matter under consideration is with regard to appointment of arbitrator. ..... hon'ble mr.justice govind mathur mr.sp singh, proprietor of the applicant firm none present for the respondent (s) ..by the court : the applicant m/s.s.p.builders.a partnership firm, entered into an agreement with rajasthan state road development and construction company limited (hereinafter referred to as rsrdc') for construction of sewerage, road and drains works etc.accordingly, a work-order was issued on 22.2.2003. ..... facts, therefore, demands for appointment of arbitrator. ..... it is not in dispute that a notice dated 10.9.2013 was given to the respondent rsrdc and in pursuant thereto no reference to the standing committee was made. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... respondent no.2 nhai reportable by the court: appellant, a company duly registered under the companies act, 1956 has laid this appeal under section 37 of the arbitration and conciliation act, 1996 (for short 'the act of 1996') to assail the impugned order dated 05.02.2011 passed by the learned additional district judge no.3, udaipur (for short 'the learned court below') as well as the award dated 02.01.2007 rendered by arbitral tribunal and the award dated 11.08.2006 passed by the competent authority (la)-cum-sub divisional officer ..... per contra, learned counsels for the respondent-nhai mr.akhilesh rajpurohit and mr.vinit sanadhya submit in unison that scope of judicial review under section 34 of the act of 1996 with the arbitral award is very narrow and limited and the same cannot be equated with the appellate jurisdiction. ..... the land value can differ depending upon the extent and nature of the land sold. ..... state of haryana, this court opined that in respect of agricultural land or undeveloped land which has potential value for housing or commercial purposes, normally 1/3rd amount of compensation should be deducted 27 depending upon the location, extent of expenditure involved for development, the area required for roads and other civic amenities, etc. ..... it is not the extent of the area covered under the acquisition, which is the only relevant ..... setty, a reduction of 25% was indicated while there are certain other cases where the view is that the reduction should be to the extent of 1/3. .....
Tag this Judgment!