M/S Ambe Fastners Private Limited vs The Union Of India
2021 Latest Caselaw 5966 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                           REQUEST CASE No.15 of 2021
     ======================================================

1. M/s Ambe Fastners Private Limited Office at Patna Industrial Estate Patna through its Director Nikhil Jaiswal, son of Late Narsingh Prasad Jaiswal, resident of 108/A, New Patliputra Colony, P.O.- Patliputra, P.S.- Patliputra, Patna.

2. Nikhil Jaiswal Son of Late Narsingh Prasad Jaiswal resident of 108/A, New Patliputra Colony, P.O.- Patliputra, P.S.- Patliputra, Patna.

... ... Petitioner/s

Versus

1. The Union of India Through the Secretary Ministry of Commerce North Block New Delhi.

2. The Secretary Ministry of Commerce North Block New Delhi.

3. The General Manager Central Railway Bhubaneshwar, Orissa.

4. The Principal Chief Engineer Central Railway Bhubaneshwar.

5. The Deputy Chief Engineer/TP. Central Railway Bhubaneshwar.

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

For the Petitioner/s : Mr.Sanjeev Kumar Mishra, Advocate Ms. Manini Jaiswal, Advocate For the Respondent/s : Mr.Dr. K. N. Singh ( ASG) For the Railway Mr. D.K. Sinha, Sr. Advocate Mr. Bijay Kr. Sinha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 08-12-2021

In the Memo of parties, particulars of Respondent

Nos. 3, 4 and 5 need to be amended and be read as East Coast

Railway, Bhubaneshwar, Orissa in place of Central Railway,

Bhubaneshwar, Orissa.

Registry to make necessary correction in the

memo. of parties both on the digital as also physical file.

Shri Narottam Singh Vikey, Principal Chief Patna High Court REQ. CASE No.15 of 2021 dt.08-12-2021

Engineer, East Coast Railway, Bhubaneshwar, is present in the

Court.

Apology on the part of the said respondent is

accepted.

This application under Section 11(6)(c) of the

Arbitration and Conciliation Act, 1996 has been filed praying

for appointment of an Arbitrator to adjudicate the dispute

between the parties.

Without going into the allegations and counter

allegations made by the parties with respect to the act and

conduct of the arbitrator already appointed, in terms of the

dispute resolution mechanism provided under the written

agreement entered into between the parties, learned counsel for

the parties rather graciously agree for the substitution of the

name of the arbitrator already appointed, with that of Shri Vipin

Jha, IRSEE, whose name stands mentioned in the panel of

retired officers, prepared by the respondent Railways. It is not in

dispute that under the dispute resolution mechanism only such

of those officers can be nominated as arbitrators who are

empanelled.

Today, there is no dispute about-(a) the legality,

validity and binding effect of a written agreement/purchase Patna High Court REQ. CASE No.15 of 2021 dt.08-12-2021

order dated 3rd of April, 2018 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 dispute

arisen out of the agreement being civil in nature; (e) no legal

impediment in the adjudication of the dispute by the learned

Arbitrator.

As such, the name of the arbitrator already appointed

is substituted with that of Shri Vipin Jha, IRSEE. The newly

appointed arbitrator shall adjudicate the disputes inter se the

parties out of the agreement/purchase order dated 3 rd of April,

2018 as also any other purchase orders issued, subject matter of

the present petition.

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 fee as per the

prescribed schedule of the Act.

Since the dispute arises out of an agreement of the

year 2018, the hearing be expedited.

Parties are directed 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, Patna High Court REQ. CASE No.15 of 2021 dt.08-12-2021

unless the parties otherwise mutually agree to meet in person i.e.

physical mode.

It is expected of the learned Arbitrator to decide the

issues expeditiously.

Joint Registrar (List) is directed to communicate the

order to the learned Arbitrator.

Learned counsel for the parties to communicate the

order to the learned Arbitrator. Also, parties are directed to

appear before him, through physical/digital mode on 05.01.2022

and apprise him of passing of this 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          10.12.2021
Transmission Date