CMAP 109/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. CIVIL MISC. APPLICATION NO.109/07 In S.B. CIVIL MISC. ARBITRATION APPLICATION NO.39/07 Smt. Munni Devi Versus The Rajasthan State Beverage Corporation Ltd. DATE OF ORDER :: 16/11/2007 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. R.B. Mathur, for applicant *** Vide order dated 20th July, 2007, this Court while invoking power u/s.11 of Arbitration & Conciliation Act, 1996 directed the respondent to appoint Arbitrator to settle the dispute within a period of 30 days. Thereafter, present application has been filed on behalf of respondent for recalling of said order on the premise that the same dispute which the applicant wants to settle through arbitration, is pending before civil court and this fact could not have been brought to the notice of this court at the time of passing of order by this court dated 20th July, 2007. After filing of application, notices were issued by this court on Arbitration Application No.39/07 and since despite service when no one appeared, this court after taking into CMAP 109/07 [2] consideration the material considered appropriate to direct the respondent to appoint Arbitrator and this court court does not find any justification in the present application to recall the said order. Consequently, the present application stands dismissed. However, the respondent may now proceed in accordance with law to appoint Arbitrator to resolve the dispute as referred to in the order of this court dated 20th July, 2007. [AJAY RASTOGI],J. FRBOHRA,JR.P.A.109CMAP2007 16-11.doc