SYNOPSIS AND LIST OF DATES

The Applicant is preferred to file an application for special leave

petition under article 136 of the Indian constitution before the
supreme court of India against the impugned order passed by the
hon’ble high court of jodhpur in the case Nirmal Sanghvi versus
rotary club of jodhpur and another.

The applicant is a member of the rotary club of jodhpur and he

was also the president of the respondent club. The applicant is
being an active member of the club and discharges his duty and
work related to the club to the best of his abilities. On
08.11.2021 a show cause notice was issued to the applicant by
respondent no.1 to which the reply was submitted on
16.11.2021. after submitting a reply to the show cause notice,
the respondent no 1 inform the applicant of a meeting. In that
meeting, It was told to the applicant by respondent no.1 that if
he withdrew the reply to the show cause notice then the
proceeding against the applicant shall be dropped.

The applicant withdrew both the reply on 08.12.2021 but on the

same date, the membership of the applicant is terminated under
the signature of the president and a copy of which was sent to
the applicant through speed post. The applicant soon after
receiving the termination of membership submitted an
application to respondent no.1 to recall the order of termination,
but no head was given to the said request. In furtherance, the
applicant submitted an application on 20.12.2021 to the
secretary of the respondent club for settlement of the dispute by
arbitration as per provisions of the club, and Shri Shyam Sharma
is the arbitrator from the side of the applicant. Respondent no.1
vide communication dated 29.12.2021, has informed the
applicant that the surrender Nath Bhargav will be the arbitrator
on the behalf of the respondent club. The respondent in response
to the communication dated 06.01.2021 submitted an
application dated 06.01.2021.to the secretary where it was
subsequently stated by the applicant that the arbitrator
appointed on behalf of the club is not acceptable to him for the
reason that there is a criminal case registered against the said
arbitrator on 12.10.2021 in the police station, Shastri Nagar.
Therefore, it was requested that the name of the said arbitrator is
removed and in his place, any member may be appointed as
arbitrator on behalf of the club, but the secretory vide dated
turned down the request of the applicant for change of the
arbitrator. The copy of the letter dated 06.01.2022 and the copy
of the reply dated 18.01.2022 are hereto annexed. That the
applicant most respectfully submitted that under the aforesaid
circumstances and by virtue of the provisions contained in
section 12 so also schedule 8, the arbitrator on behalf of the
respondent club can not be appointed.
The applicant is left with no other option but to approach this
Hon’ble High Court to invoke the provisions of section 11(6)of the
Arbitration and Conciliation Act,1996 for the appointment of an
independent arbitrator on behalf of the respondent club. At that
instance, the applicant maintains that the arbitrator appointed
by the respondent club, can not be appointed as arbitrator Shri
surrender Nath Bhargav because she is completely biased against
the applicant and also the same is informed to the secretory of
the respondent club by the applicant vide communication dated
06.01.2022. that further it is submitted that a perusal of section
12 of the act of 1996 makes it abundantly clear that the
arbitrators shall be impartial and independent.