Patna High Court
Phular Construction Co. (Pvt.) ... vs The State Of Bihar on 11 August, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.56 of 2020
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Phular Construction Co. (Pvt.) Ltd. through its Managing Director namely
Umesh Prasad Singh aged about 59 Years, (Male), Son of Nand Kishore
Singh Resident of House No. 112, Khabra, (Near Railway Crossing No. 5,
Manjhaulia, Adarsh Nagar-3, P.S.-Manjhaulia, District-Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Water Resources
Department, Government of Bihar, Patna.
2. The Principal Secretary, Water Resources Department, Government of Bihar,
Patna.
3. The Chief Engineer, Irrigation Creation, Water Resources Department,
Darbhanga, Bihar.
4. The Superintending Engineer, Western Koshi Canal Division, Madhubani,
Bihar.
5. The Executive Engineer, Western Koshi Canal Division, Benipatti,
Madhubani, Bihar.
6. The Executive Engineer, Flood Control Division, Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Vikas Kumar, Advocate
For the Respondent/s : Mr.Anjani Kumar (AAG-4)
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CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
(The proceedings of the Court are being conducted by
Hon'ble the Chief Justice/ Hon'ble Judges through
Video Conferencing from their residential
offices/residences. Also, the Advocates and the Staffs
joined the proceedings through Video Conferencing
from their residences/offices.)
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Date : 11-08-2021
This application has been moved seeking
appointment of an Arbitrator invoking the powers of this Court
under Section 11(6) of the Arbitration and Conciliation Act,
1996.
Patna High Court REQ. CASE No.56 of 2020 dt.11-08-2021
Having heard learned counsel for the parties as also
perused the record, this Court is satisfied of the petitioner
having complied with Clause 25 of the agreement dated 9 th of
June, 2016, entered into between the Executive Engineer, Flood
Control Division, Darbhanga and the petitioner.
Petitioner first wrote to the Executive Engineer,
Western Koshi Canal Division, Madhubani, Bihar vide
communication dated 12th of December, 2019 (Annexure-2). In
the absence of any response, thereafter, the petitioner wrote to
the Superintending Engineer, Western Koshi Canal Division,
Madhubani, Bihar vide communication dated 17th of January,
2020 (Annexure-3) requesting him to take a decision in terms of
Clause 25 of the agreement. Still further, petitioner wrote to the
Chief Engineer, Irrigation Creation, Water Resources
Department, Darbhanga, Bihar vide communication dated 20th
of February, 2020 (Annexure-5) asking him to settle the dispute
in terms of Clause 25 of GCC.
Petitioner's claims stand rejected. Hence, he
invoked the arbitration clause vide communication dated 23 rd of
March, 2020 (Annexure-7). Respondent failed to respond to the
same.
As such, the instant petition filed under Section
Patna High Court REQ. CASE No.56 of 2020 dt.11-08-2021
11(6) of the Arbitration and Conciliation Act, 1996.
This Court is of the considered view that the
formalities and procedure stipulated under Clause 25 of the
agreement stands complied with and completed, within time.
As such, there is no legal impediment for this Court
entertaining the present petition and allowing the same.
There is no dispute about-(a) the legality, validity
and binding effect of the agreement dated 9th of June, 2016
entered into between the parties to the lis; (b) the existence of
arbitration clause contained therein; (c) the existence of
dispute(s) arising there from; (d) the petitioner having put the
party to notice of its intent seeking arbitration under the
agreement.
Hence, this Court is inclined to allow the petition
by appointing an arbitrator.
At this stage, Shri Anjani Kumar, learned Senior
Counsel proposes the name of Hon'ble Mr. Justice Prabhat
Kumar Jha (Former Judge of this Court) for appointment as an
Arbitrator to adjudicate the dispute inter se the parties, which
name is accepted by learned counsel for the petitioner.
As such, as jointly prayed for, Hon'ble Mr. Justice
Prabhat Kumar Jha (Former Judge of this Court) is appointed as
Patna High Court REQ. CASE No.56 of 2020 dt.11-08-2021
learned Arbitrator to adjudicate all disputes arising out of
agreement dated 9th of June, 2016 entered into between the
parties to the lis.
All pleas and issues raised, on merits, are left open
to be considered and decided by the learned Arbitrator.
Learned Arbitrator shall be entitled to fees as per
the Fourth Schedule of the Arbitration Act.
Since the dispute arises out of an agreement of the
year 2016, the hearing be expedited.
Parties undertake to fully cooperate and not take
any unnecessary adjournment.
The proceedings, during the time of current
Pandemic- Covid-19 shall be conducted through digital mode,
unless the parties otherwise mutually agree to meet in person i.e.
physical mode.
It is expected of the learned Arbitrator to adjudicate
the disputes expeditiously.
Joint Registrar (List) is directed to communicate
the order to the learned Arbitrator.
Learned counsel for the parties also undertake to
communicate the order to the learned Arbitrator. In fact, they
volunteered to appear before him, through digital mode on 31 st
Patna High Court REQ. CASE No.56 of 2020 dt.11-08-2021
of August, 2021 and apprise him of the passing of the order.
Parties shall file their statement of claims before
the learned Arbitrator on such date of hearing which he may fix,
as per mutual convenience.
The Request Petition stands disposed of in the
above terms.
Interlocutory Application(s), if any, shall stand
disposed of.
(Sanjay Karol, CJ)
P.K.P./Amrendra
AFR/NAFR
CAV DATE
Uploading Date 17.08.2021
Transmission Date
