RAJASTHAN FAUJI RAKSHAK SEVA SAHAKARI SAMITI LIMITED-APPLICANT Vs. RAJASTHAN ELECTRONIC AND INSTRUMENTATION LIMITED-RESPONDENT

JUDGEMENT

(1.) THE present applicant has been filed by the applicant, seeking appointment of the arbitrator under Section 11(5) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the said Act').

(2.) HEARD the learned counsels for the parties.

(3.) IT appears that the agreement was entered into between the parties on 10/7/1997, whereby the applicant had agreed to provide for the Security Personnels to the respondent company on the terms and conditions mentioned therein. The said agreement was continued from time to time till the alleged incident of theft took place on 16/17 -8 -2012 at the premises of the respondent company. The respondent company, therefore, withheld the amount of Rs.1,70,000/ - of the applicant on the ground that the security personnels provided by the applicant were responsible for the theft in question, and in respect of which the FIR was also lodged at the Police Station Vaishali Nagar, Jaipur. It further appears that in the said incident, the Managing Director of the respondent company was also found allegedly involved, and therefore was arrested by the Police. Since the respondent company did not pay the amount withheld by it, the applicant had filed the Civil Suit before the learned District Court, Jaipur for the recovery of the said amount, however the concerned Court i.e. the Additional District Judge No.2, Jaipur City, Jaipur vide the order dated 4/10/2006 dismissed the suit on the ground that there was an arbitration agreement between the parties. Being aggrieved by the same, the applicant had filed the civil revision being No.11 of 2007 before this Court, and the said revision petition came to be dismissed vide the order dated 27/09/2012 with liberty to the applicant -petitioner to move the application under Section 14 of the Limitation Act, for excluding the period of civil suit till the decision of the revision petition, for calculating the limitation for filing the arbitration application.