Patna High Court
M/S Mahendra Prasad Singh And ... vs The General Manager on 8 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.69 of 2021
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M/s Mahendra Prasad Singh & Brothers, Head office at Dalluchak, Khagaul,
Patna- 801105. A firm registered under India Partnership Act through Rakesh
Kumar Sinha, S/o Late Mahendra Prasad Singh, Resident of Dalluchak,
Khagaul, Patna - 801105.
... ... Petitioner/s
Versus
1. The General Manager, East Central Railway, Hazipur.
2. The Chief Administration Officer, East Central Railway, Mahendrughat,
Patna.
3. The Chief Engineer, (Con)/ N-2, East Central Raiway, Mahendrughat, Patna.
4. Deputy Chief Engineer - II, East Central Railway, Hazipur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Krishna Mohan Mishra, Advocate
Mr. Prasoon Kumar, Advocate
For the Respondent/s : Mr. Ramadhar Shekhar, Advocate
Dr. Anand Kumar, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date : 08-12-2021
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.
Vide order dated 19th of January, 2011 passed in
Request Case No. 08 of 2010, titled as M/s Mahendra Prasad
Singh & Brothers Vs. The General Manager, East Central
Railway, Hazipur & Ors. (Annexure-1, Page No. 12), the
dispute inter se the parties, arising out of written Agreement No.
DEC/Con/Br/PNBE/WT/06 dated 27th of December, 2005
Patna High Court REQ. CASE No.69 of 2021 dt.08-12-2021
(Annexure-3), was referred for adjudication to an independent
Arbitrator, namely, Hon'ble Mr. Justice Nagendra Rai (a retired
Judge of this Court).
It is not in dispute that the learned Arbitrator is no
more in the land of living. Hence, the present petition for
substitution i.e. appointment of a new Arbitrator in this case.
Parties jointly agree and pray that the dispute be
referred to the arbitration of Hon'ble Mr. Justice Jayanandan
Singh, a former Judge of this Court.
Ordered accordingly.
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 law.
Since the dispute arises out of an agreement of the
year 2005, 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 decide the
Patna High Court REQ. CASE No.69 of 2021 dt.08-12-2021
issues expeditiously.
Joint Registrar (List) is directed to communicate the
order to the learned Arbitrator.
Learned counsel for the parties undertake to
communicate the order to the learned Arbitrator. In fact, they
volunteered to appear before him, through physical/digital mode
on 27th of December, 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 10.12.2021
Transmission Date
