Greencell Marudhara Private Limited vs Rajasthan State Road Transport … on 6 March, 2026

    0
    33
    ADVERTISEMENT

    Rajasthan High Court – Jaipur

    Greencell Marudhara Private Limited vs Rajasthan State Road Transport … on 6 March, 2026

    [2026:RJ-JP:9795]
    
            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                        BENCH AT JAIPUR
    
                    S.B. Arbitration Application No. 122/2024
    
    Greencell Marudhara Private Limited, (Now Known As Greencell
    Express Aggregator Private Limited) (Spv Of Green Cell Mobility
    Pvt.    Ltd.)       Through    Its    Authorized         Signatory,    Having   Its
    Registered Office At Unit No. 405, 4Th Floor, E-Wing, Corporate
    Avenue New A.k. Link Road, Chakala, Andheri (E), Mumbai -
    400093.
                                                                          ----Applicant
                                           Versus
    Rajasthan State Road Transport Corporation (Rsrtc), Through Its
    Executive Director (Traffic), Having Its Office At Parivahan Marg,
    Chomu House, Jaipur (Raj.)- 302001.
                                                                        ----Respondent
    For Applicant(s)              :      Mr. Umang Gupta with
                                         Ms. Vidhi Mitruka
    For Respondent(s)             :      Mr. Utkarsh Dubey
    
    
    
    

    HON’BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA

    Order

    SPONSORED

    06/03/2026

    1. The present arbitration application has been filed under

    Section 11(5) of the Arbitration and Conciliation Act, 1996 (for

    short ‘the Act’) seeking appointment of Arbitrator invoking Article

    36 of the Agreement dated 27.07.2020, which allows dispute of

    the parties to be redressed through arbitration.

    2. The claim of the applicant arises on the basis of an

    agreement entered into between the parties resulting in work

    orders issued by the respondent on the basis of Supply-Cum-

    Operation and Maintenance Agreement dated 27.07.2020. The

    agreement was terminated on account of disputes arsing between

    (Uploaded on 11/03/2026 at 12:36:06 PM)
    (Downloaded on 11/03/2026 at 08:45:37 PM)
    [2026:RJ-JP:9795] (2 of 3) [ARBAP-122/2024]

    the parties and the termination itself is a subject matter of dispute

    raised by the applicant.

    3. Notice for appointment of Arbitrator was issued on

    28.10.2023 (Annx. 10) and reply thereto dated 02.02.2024 was

    received, where the subject matter before the Court was

    appointment of an Arbitrator, who should have been appointed to

    resolve the disputes between the parties by the Chairman-cum-

    Managing Director for amicable settlement.

    4. I am satisfied that there is a dispute existing between the

    parties and as per Article 36 of the Agreement dated 27.07.2020,

    an Arbitral Tribunal is required to be formed to resolve the

    dispute. Although, if both the parties have agreed, similar

    Arbitrator could have been appointed in the event of the

    agreement as has come forward.

    5. This Court deems it appropriate to appoint Hon’ble Mr.

    Justice R. S. Chauhan (Former Chief Justice, Uttarakhand High

    Court) resident of C-148, Dayanand Marg, Tilak Nagar, Jaipur-

    302004 as Presiding Arbitrator of the Arbitral Tribunal, whereas

    Hon’ble Mr. Justice Ashok Kumar Gaur (Former Judge, High Court

    of Rajasthan) resident of 30, Tagore Nagar, Opposite

    Regal Restaurant, DCM, Ajmer Road, Jaipur, 302021 and Hon’ble

    Mr. Justice Veerendr Singh Siradhana (Former Judge, High Court

    of Rajasthan) resident of 715-C, Mahaveer Nagar, Tonk Road,

    Jaipur – 302018 are appointed as Member Arbitrators. The fee of

    the Presiding Arbitrator and the Member Arbitrators to be borne

    equally by both the parties and their fee shall be paid in

    accordance with the Fourth Schedule of the Act, as amended.

    (Uploaded on 11/03/2026 at 12:36:06 PM)
    (Downloaded on 11/03/2026 at 08:45:37 PM)
    [2026:RJ-JP:9795] (3 of 3) [ARBAP-122/2024]

    6. The Presiding Arbitrator and the Member Arbitrators are

    requested to complete the proceedings as per time limit specified

    under 29A of the Act.

    7. The arbitration application is allowed accordingly.

    8. Copy of this order be sent to the Presiding Arbitrator and the

    Member Arbitrators

    (SANJEEV PRAKASH SHARMA),ACTING CJ

    RIYA/65

    (Uploaded on 11/03/2026 at 12:36:06 PM)
    (Downloaded on 11/03/2026 at 08:45:37 PM)

    Powered by TCPDF (www.tcpdf.org)



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here