Patna High Court
Deep Advertising (I.T. Division) vs The State Of Bihar on 15 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.71 of 2021
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DEEP Advertising (I.T. Division) through its Proprietor Rajinder Deepa, aged
about-61 Years, Gender-male, Son of Late Sohan Lal Rajdev, Resident of
House No. 179, Sector-18A, Chandigarh-160018.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Electoral Officer-Cum-Secretary to
Government of BIhar,7, Mangles Road, Patna-800015.
2. The District Magistrate-Cum-District Election Officer, Katihar.
3. The District Magistrate-Cum-District Election Officer, Saharsa.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Lal Babu Singh, Advocate
For the Respondent/s : Mr. AC to GA-7
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CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date : 15-12-2021
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.
Petitioner and the respondents entered into a written
agreement dated 03.06.2004. The said agreement contains an
arbitration clause. The petitioner has invoked the arbitration
clause vide notice dated 20.04.2021( Annexure-8, Page 71)
asking the respondents herein to appoint an Arbitrator, also
Patna High Court REQ. CASE No.71 of 2021 dt.15-12-2021
setting out the terms of the dispute.
It is pleaded that the respondents have neither settled
the dispute nor responded to the said notice. The disputes are
civil in nature, arising out of an agreement dated 03.06.2004.
Today, there is no dispute about-(a) the legality,
validity and binding effect of a written agreement dated
03.06.2004 and subsequently 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; f) Petitioner having exhausted the channel
available for resolution of dispute; (g) the respondent having
failed to appoint an Arbitrator pursuant to the invocation of the
arbitration clause by the petitioner.
As such, Hon'ble Mr. Justice Shivaji Pandey, Former
Judge of this Court is appointed as learned Arbitrator to
adjudicate all disputes arising out of agreement dated
03.06.2004 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 fee as per the
Patna High Court REQ. CASE No.71 of 2021 dt.15-12-2021
schedule of the Act.
Since the dispute arises out of an agreement of the
year 2004, 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,
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 03.01.2022
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.
Patna High Court REQ. CASE No.71 of 2021 dt.15-12-2021
Interlocutory Application(s), if any, shall stand
disposed of.
(Sanjay Karol, CJ)
Sujit/Ashwini
AFR/NAFR
CAV DATE
Uploading Date 17.12.2021
Transmission Date
