Waris Buildcon Private Limited vs The Union Of India And Others
2023 Latest Caselaw 600 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     Arbitration Application No. 35 of 2022

Waris Buildcon Private Limited                                    ... Applicant
                                      Versus
The Union of India and Others                                   ... Respondents
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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR For the Applicant : Mr. Rahul Kumar, Advocate For the State : Mr. Rajiv Ranjan, Advocate General Mr. Piyush Chitresh, AC to Advocate General For the UoI : Mr. Pratyush Kumar, CGC

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Order No. 10/Dated: 03rd February 2023

Having heard the learned counsels appearing for the parties, this Court has come to a conclusion that the decision in "M/s Durga Welding Works v. Chief Engineer, Railway Electrification, Allahabad & Anr." (2022) 3 SCC 98 is distinguishable on facts.

The law as existing today is found in the judgment in "Deep Trading Company v. Indian Oil Corporation & Ors." (2013) 4 SCC 35.

While so, this Court has indicated name of Hon'ble Sri Justice Prakash Tatia, a former Chief Justice of this High Court, to be the Arbitral Tribunal for conducting the arbitration and conciliation proceedings between the parties.

The learned Advocate General assisted by Mr. Piyush Chitresh, the learned AC to the learned Advocate General and Mr. Rahul Kumar, the learned counsel for the applicant have stated agreement of the parties for appointment of Hon'ble Sri Justice Prakash Tatia, a former Chief Justice of this High Court to be the Arbitral Tribunal.

Let an affidavit in this regard be filed by the parties, within one week.

Post this matter on 10th February 2023.

(Shree Chandrashekhar, J.)

Tanuj/-