Phoenix Infra Estate International Ltd. v. M/S Geekay Developers

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Arbitration Application No. 72 of 2013 Phoenix Infra Estate International Ltd. a company incorporated under the Indian Companies Act, 1956 having registered office at 16, Phoenix Tower, Kanchan Sarita, Lokmat Square, Wardha Road, Nagpur 10 Maharashtra, Thana - Sitabuldi, through its authorised signatory Mr. Deepraj Pashine, Regional Manager, aged about 60 years R/o Shop No. 501, 522, 3rd Floor, SLT Water Front, GE Road, Opposite Telibandha Talab, Telibandha Thana, Telibandha, Raipur, 492001 Chhattisgarh.

----Applicant

Versus

M/s. Geekay Developers Through its Partner Shri Abhishek Atlani, R/o Shankar Nagar, Raipur,Thana Shankar Nagar, District Raipur, Chhattisgarh. ---Non-Applicant For Applicant : Shri Harsh Wardhan, Advocate.

For Non-Applicant : Shri Anurag Khatri, Advocate.

Hon'ble Shri Deepak Gupta, Chief Justice Order on Board 22/12/2016 1.

This is an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator.

2.

The undisputed facts are that the Applicant entered into an agreement for sale of certain properties with the Non-Applicant on 08.07.2011 for the price mentioned in the said agreement. The execution of the agreement is not disputed. The agreement contains an arbitration clause which reads as follows: "13. Arbitration:

The arbitration shall be in accordance with the arbitration act by a single arbitrator nominated by both parties mutually and the arbitration shall be at Raipur."

3.

Since a dispute has arisen between the parties, it has to be resolved by the Arbitrator. Therefore, I appoint Shri Justice Rangnath Chandrakar, residing behind Allahabad Bank, in front of Himachal Ice Factory, GE Road, Ravigram, Telibandha, Raipur, a retired Judge of High Court of Chhattisgarh, as Arbitrator in the case.

4.

The Applicant and the Non-Applicant may file their claim/counter-claim before the aforesaid Arbitrator within a period of four weeks from today who is requested to dispose of the matter within the time prescribed in the Arbitration and Conciliation Act, 1996, as amended.

5.

The parties are directed to appear before the Arbitrator on 19.01.2017. 6.

Registry is directed to send a copy of this order to Shri Justice Rangnath Chandrakar so as to reach within four weeks from today. 7.

The arbitration application is accordingly disposed of. Sd/- (Deepak Gupta) CHIEF JUSTICE Amit