Avinash Kumar vs Sri Dwijendra Kumar
2021 Latest Caselaw 4293 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                          REQUEST CASE No.54 of 2020
     ======================================================

1. Avinash Kumar Son of Late Angeshwar Pd. Singh Resident of Mohalla-

Bameshwar Bhawan, Dobhi Sherghari Road, Gewal Bigha More, P.S.- Rampur, District-Gaya

2. Anurag Kumar Son of Late Angeshwar Pd. Singh Resident of Mohalla-

Bameshwar Bhawan, Dobhi Sherghari Road, Gewal Bigha More, P.S.- Rampur, District-Gaya

... ... Petitioner/s

Versus

1. Sri Dwijendra Kumar Son of Late Deo Narayan Singh Resident of Mohalla-

Ram Bhawan, Anand Bazar, Swaraj Puri Road, P.S.-Civil Lines, District- Gaya-823002.

2. Sri Dilip Kumar Resident of Mohalla- Ram Bhawan, Anand Bazar, Swaraj Puri Road, P.S.-Civil Lines, District-Gaya-823002.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Vikas Kumar, Advocate For the Respondent/s : Mr.Ansul, Advocate Mr. Rajesh Ranjan, Advocate ====================================================== 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.)

Date : 25-08-2021

Heard learned counsel for the parties.

This application under Section 11(6) of the Arbitration

and Conciliation Act, 1996 has been filed praying for

appointment of an Arbitrator to adjudicate the dispute between

the parties.

In view of the arbitration clause being available in the Patna High Court REQ. CASE No.54 of 2020 dt.25-08-2021

agreement, I find that the matter requires arbitration and,

accordingly, invoking Section 11(6) of the Arbitration and

Conciliation Act, 1996, I hereby appoint Hon'ble Mr. Justice

Shivaji Pandey, Retired Judge of the Patna High Court, Patna as

learned Arbitrator to adjudicate all disputes arising out of agreement

dated 01.04.2000 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 2000, 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 Patna High Court REQ. CASE No.54 of 2020 dt.25-08-2021

volunteered to appear before him, through digital mode on 20 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)

K.C.Jha/-

AFR/NAFR
CAV DATE
Uploading Date          27.08.2021
Transmission Date