Patna High Court
Ramesh Kumar vs The State Of Bihar on 18 August, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.72 of 2020
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Ramesh Kumar, Son of Sattan Singh, Resident of Mohalla-Gulzarbagh, Police
Station-Agamkuan,District-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Managing Director, Bihar State Building Construction Corporation Ltd.,
Rajbanshi Nagar, Near Rajbanshi Nagar Hospital, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Uma Shankar Tiwary, Advocate
For the Respondent/s : Mr. Kumar Abhimanyu Pratap, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date : 18-08-2021
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.
There is no dispute about-(a) the legality, validity and
binding effect of the agreement dated 20.03.2014 entered into
between the parties to the lis; (b) the existence of arbitration clause
contained therein; (c) the existence of dispute(s) arisen therefrom
and (d) the petitioner having put the party to notice of his intent
seeking arbitration under the agreement.
Learned counsel invites attention of this Court to
Clause 25 of the Agreement dated 20.03.2014. On 02.05.2019,
notice invoking the arbitration clause with respect to the disputes
arisen out of the said agreement was also issued to Respondent No.
2, namely, the Managing Director, Bihar State Building
Patna High Court REQ. CASE No.72 of 2020 dt.18-08-2021
Construction Corporation Ltd. As per the averments made in the
petition, despite the same, this process was not initiated. Also
Arbitrator was not appointed.
The only objection taken is non-joinder of the parties.
It is not in dispute that clause 25 of the agreement
containing the procedure for settlement of disputes and arbitration
stands complied with. Insofar as objection of non-joinder of the
parties is concerned, the same is not tenable in law for the parties to
the agreement are admitted as parties to the lis.
As such, there is no legal impediment for this Court in
entertaining the present petition and allowing the same.
Hence, this Court is inclined to allow the petition by
appointing an arbitrator.
As such, Hon'ble Mr. Justice Shivaji Pandey, Retired
Judge of the Patna High Court, Patna is appointed as learned
Arbitrator to adjudicate all disputes arising out of agreement dated
20.03.2014 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
Schedule IV of the Arbitration Act.
Since the dispute arises out of an agreement of the
year 2014, the hearing be expedited.
Parties undertake to fully cooperate and not take any
Patna High Court REQ. CASE No.72 of 2020 dt.18-08-2021
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 13 th of
September, 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)
Ashwini/Sujit/-
AFR/NAFR
CAV DATE
Uploading Date 24.08.2021
Transmission Date
