Times Square Building, Central Spine, Vidhyadhar Nagar v. Vijendra Kumar Bhupsera Behror Bhoopseda, Alwar Rajasthan

: Mr.Avinash Kumbaj with Ms.Kratika Sharma For Respondent(s) : None present JUSTICE ANOOP KUMAR DHAND Order 28/08/2025

1. The instant arbitration application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act of 1996”) has been filed by the applicant for appointment of the Arbitrator to adjudicate/resolve the dispute pending between the parties arising out of the Loan application and agreement dated 20.04.2022, which contains following arbitration clause 38:- “38. Dispute Resolution: The loan, this document/ other documents, shall be governed by the laws of India. The Parties hereto expressly agree that all the disputes arising out of and/or relating to the Loan, this or any other relevant document shall be subject to the exclusive jurisdiction of the court/tribunal of the city/place in which the branch of the Bank from where the Disbursement has [2025:RJ-JP:34467] (2 of 5) [ARBAP-33/2025] been made is situate, provided that the exclusivity aforesaid shall bind the Borrower and the Bank shall be entitled to pursue the same in any other court of competent jurisdiction at any other place; and provided further that if any dispute is below the pecuniary jurisdiction limit of the Debts Recovery Tribunals established under the DRT Act, then such dispute shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 as may be amended, or its re-enactment, by a sole arbitrator, appointed by the Bank. The place of arbitration shall be at city/place in which the branch of the Bank from where the Disbursement has been made is situated or such other place as the Bank may determine. The costs of such arbitration shall be borne by the losing party or otherwise as determined in the arbitration award if a party is required to enforce an arbitral award by legal action of any kind, the party against whom such legal action is taken shall pay all reasonable costs and expenses and attorney’s fees. Including any cost of additional litigation or arbitration taken by the party seeking to enforce the award. Provided further that none of the aforesaid shall limit or prejudice the Bank from exercising of any of the Bank’s rights or remedies under SARFAESI Act and/or, IBC and/or any other applicable law.”

2. Learned counsel for the applicant submits that certain amount was borrowed by the respondent and he has failed to repay the same, hence, dispute has arisen between the parties which is required to be resolved by referring the dispute to the Arbitrator for passing the award.

3. Learned counsel for the applicant submits that prior to approaching this Court, a notice for invoking the Arbitration clause was issued and served upon the non-applicant, but in spite of receipt of the same, no response has been given, hence, under such circumstances, the instant application has been submitted.

4. No one has put in appearance on behalf of the non-applicant to oppose the prayer inspite of service of notice. [2025:RJ-JP:34467] (3 of 5) [ARBAP-33/2025]

5. Heard and considered the submissions made at the Bar and perused the material available on record.

6. Perusal of the record indicates that in terms of the agreement dated 20.04.2022, executed between the parties, in case, any dispute occurs between the parties on account of non- payment of the borrowed amount, the same would be referred to the sole Arbitrator, and the Arbitrator would resolve the dispute between the parties.

7. Keeping in view the terms and conditions of the arbitration clause for resolving the dispute between the parties, the application stands allowed.

8. In view of the reasons stated above, this Court deems it just and proper to appoint Shri Mahaveer Prasad Sharma (Retd. District Judge) Resident of C-10, Near Ojha Ji Ka Bag, Gandhi Nagar, Tonk Road, Jaipur-302015, as Sole Arbitrator to adjudicate/resolve the dispute between the parties.

9. The appointment of the Sole Arbitrator is subject of declaration being made under Section 12 of the Arbitration and Conciliation Act, 1996 (for short 'the Act of 1996') with respect to the independence and impartiality and ability to devote sufficient time to complete the arbitration proceedings within the prescribed period.

10. The arbitration fee of the Sole Arbitrator shall be payable in accordance with the provisions contained in the Manual of Procedure of Alternative Dispute Resolution, 2009 as amended by the Manual of Procedure for Alternative Dispute Resolution (Amendment), 2017 vide notification dated 23.03.2017 read with [2025:RJ-JP:34467] (4 of 5) [ARBAP-33/2025] 4th schedule appended to the Act of 1996 or as determined by the Arbitrator with consensus of parties.

11. The Registry is directed to intimate the Arbitrator-Shri Mahaveer Prasad Sharma (Retd. District Judge) Resident of C-10, Near Ojha Ji Ka Bag, Gandhi Nagar, Tonk Road, Jaipur-302015 for his approval and declaration in terms of Section 11(8) read with Section 12(1) of the Act of 1996.

12. All issues raised by the parties before the Arbitrator shall be considered in accordance with law.

13. Since as per Section 29A of the Act of 1996, the arbitration proceedings are required to be concluded within the scheduled time as stipulated therein, it is expected from the parties to appear before the Arbitrator on 19.09.2025 or on any other date as informed by the Arbitrator subject to the agreement between the parties. Furthermore, the parties shall provide their respective E-mail/ contact number/ mobile number and/or also of their authorized representatives/ Lawyers appearing on their behalf before the Arbitration Tribunal, in order to facilitate the Arbitrator to send information/communication to the parties, whenever required. The information send by the Arbitrator, on such address/ E-mail/ cellphone of the parties or to their authorized representatives/ Lawyers, shall be treated as sufficient communication unless same is not changed.

14. Accordingly, the present arbitration application stands disposed of.

15. None has put in appearance on behalf of the non-applicant and he is not aware about passing of this order, Office is directed [2025:RJ-JP:34467] (5 of 5) [ARBAP-33/2025] to send a copy of this order to the non-applicant on his residential address.

16. Arbitrator is directed to send a notice to the non-applicant before proceeding to decide the matter on its merits. (ANOOP KUMAR DHAND),J Aayush Sharma /256

: Mr.Avinash Kumbaj with Ms.Kratika Sharma For Respondent(s) : None present JUSTICE ANOOP KUMAR DHAND Order 28/08/2025

1. The instant arbitration application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act of 1996”) has been filed by the applicant for appointment of the Arbitrator to adjudicate/resolve the dispute pending between the parties arising out of the Loan application and agreement dated 20.04.2022, which contains following arbitration clause 38:- “38. Dispute Resolution: The loan, this document/ other documents, shall be governed by the laws of India. The Parties hereto expressly agree that all the disputes arising out of and/or relating to the Loan, this or any other relevant document shall be subject to the exclusive jurisdiction of the court/tribunal of the city/place in which the branch of the Bank from where the Disbursement has [2025:RJ-JP:34467] (2 of 5) [ARBAP-33/2025] been made is situate, provided that the exclusivity aforesaid shall bind the Borrower and the Bank shall be entitled to pursue the same in any other court of competent jurisdiction at any other place; and provided further that if any dispute is below the pecuniary jurisdiction limit of the Debts Recovery Tribunals established under the DRT Act, then such dispute shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 as may be amended, or its re-enactment, by a sole arbitrator, appointed by the Bank. The place of arbitration shall be at city/place in which the branch of the Bank from where the Disbursement has been made is situated or such other place as the Bank may determine. The costs of such arbitration shall be borne by the losing party or otherwise as determined in the arbitration award if a party is required to enforce an arbitral award by legal action of any kind, the party against whom such legal action is taken shall pay all reasonable costs and expenses and attorney’s fees. Including any cost of additional litigation or arbitration taken by the party seeking to enforce the award. Provided further that none of the aforesaid shall limit or prejudice the Bank from exercising of any of the Bank’s rights or remedies under SARFAESI Act and/or, IBC and/or any other applicable law.”

2. Learned counsel for the applicant submits that certain amount was borrowed by the respondent and he has failed to repay the same, hence, dispute has arisen between the parties which is required to be resolved by referring the dispute to the Arbitrator for passing the award.

3. Learned counsel for the applicant submits that prior to approaching this Court, a notice for invoking the Arbitration clause was issued and served upon the non-applicant, but in spite of receipt of the same, no response has been given, hence, under such circumstances, the instant application has been submitted.

4. No one has put in appearance on behalf of the non-applicant to oppose the prayer inspite of service of notice. [2025:RJ-JP:34467] (3 of 5) [ARBAP-33/2025]

5. Heard and considered the submissions made at the Bar and perused the material available on record.

6. Perusal of the record indicates that in terms of the agreement dated 20.04.2022, executed between the parties, in case, any dispute occurs between the parties on account of non- payment of the borrowed amount, the same would be referred to the sole Arbitrator, and the Arbitrator would resolve the dispute between the parties.

7. Keeping in view the terms and conditions of the arbitration clause for resolving the dispute between the parties, the application stands allowed.

8. In view of the reasons stated above, this Court deems it just and proper to appoint Shri Mahaveer Prasad Sharma (Retd. District Judge) Resident of C-10, Near Ojha Ji Ka Bag, Gandhi Nagar, Tonk Road, Jaipur-302015, as Sole Arbitrator to adjudicate/resolve the dispute between the parties.

9. The appointment of the Sole Arbitrator is subject of declaration being made under Section 12 of the Arbitration and Conciliation Act, 1996 (for short 'the Act of 1996') with respect to the independence and impartiality and ability to devote sufficient time to complete the arbitration proceedings within the prescribed period.

10. The arbitration fee of the Sole Arbitrator shall be payable in accordance with the provisions contained in the Manual of Procedure of Alternative Dispute Resolution, 2009 as amended by the Manual of Procedure for Alternative Dispute Resolution (Amendment), 2017 vide notification dated 23.03.2017 read with [2025:RJ-JP:34467] (4 of 5) [ARBAP-33/2025] 4th schedule appended to the Act of 1996 or as determined by the Arbitrator with consensus of parties.

11. The Registry is directed to intimate the Arbitrator-Shri Mahaveer Prasad Sharma (Retd. District Judge) Resident of C-10, Near Ojha Ji Ka Bag, Gandhi Nagar, Tonk Road, Jaipur-302015 for his approval and declaration in terms of Section 11(8) read with Section 12(1) of the Act of 1996.

12. All issues raised by the parties before the Arbitrator shall be considered in accordance with law.

13. Since as per Section 29A of the Act of 1996, the arbitration proceedings are required to be concluded within the scheduled time as stipulated therein, it is expected from the parties to appear before the Arbitrator on 19.09.2025 or on any other date as informed by the Arbitrator subject to the agreement between the parties. Furthermore, the parties shall provide their respective E-mail/ contact number/ mobile number and/or also of their authorized representatives/ Lawyers appearing on their behalf before the Arbitration Tribunal, in order to facilitate the Arbitrator to send information/communication to the parties, whenever required. The information send by the Arbitrator, on such address/ E-mail/ cellphone of the parties or to their authorized representatives/ Lawyers, shall be treated as sufficient communication unless same is not changed.

14. Accordingly, the present arbitration application stands disposed of.

15. None has put in appearance on behalf of the non-applicant and he is not aware about passing of this order, Office is directed [2025:RJ-JP:34467] (5 of 5) [ARBAP-33/2025] to send a copy of this order to the non-applicant on his residential address.

16. Arbitrator is directed to send a notice to the non-applicant before proceeding to decide the matter on its merits. (ANOOP KUMAR DHAND),J Aayush Sharma /256