Panagarh Engineering Works ( ... vs The Union Of India
2021 Latest Caselaw 3116 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                             REQUEST CASE No.89 of 2019
     ======================================================

1. Panagarh Engineering Works ( Patna) Private Limited office at Patna Industrial Estate Patna through its Director Amarnath Jaiswal, Son of Late Hanuman Prasad, Resident of 108/ a new Patliputra Colony, P.O. Patliputra, P.S. Patliputra Patna.

2. Amarnath Jaiswal Son of Late Hanuman Prasad 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, Mumbai Maharashtra.

4. The Principal Chief Engineer, Central Railway, Mumbai.

5. The Deputy Chief Engineer/TP, Central Railway Mumbai.

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

For the Petitioner/s : Mr. Sanjeev Kumar Mishra, Advocate Ms. Neha Gupta, Advocate For the Respondent/s : Mr. Ramadhar Shekhar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT ===================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice through Video Conferencing from His residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.)

Date : 07-07-2021

Vide order dated 10th of February, 2021, the

dispute inter se the parties were referred for arbitration with

the appointment of Hon'ble Mr. Justice Dinesh Kumar Singh,

a former Judge of this Court, as an Arbitrator. The learned Patna High Court REQ. CASE No.89 of 2019 dt.07-07-2021

Arbitrator has passed order dated 22nd of March, 2021,

operative portion whereof reads as under:-

"For what has happended in the proceedings on earlier dates, I may not be in a position to apply my mind independently and have reason to believe that there may be a predisposition to decide a case in any particular manner which may prejudice the interest of either of the parties. In view of aforesaid facts, and in view of my recual from the proceedings, it would be appropriate that the present order be communicated to the learned Registrar General, Patna High Court for being placed before Hon'ble the Chief Justice.

It is however made clear that neither the parties have made any payment under any head be it the fees or miscellaneous expenses or whatever and the Tribunal is not claiming any such fees in connection with the instant proceedings for the reason that right from the day one, the orders passed by the erstwhile Arbitrator was directed to be produced by this Tribunal so as to decide the property of accepting the reference or for recording the recusal.

Let the Secretary communicate the copy of the order to the learned Counsels appearing for the parties and the documents, which have been filed on behalf of either of the parties is directed to be returned forthwith."

In view of the same, with the consent of the Patna High Court REQ. CASE No.89 of 2019 dt.07-07-2021

parties, the dispute inter se the parties arising out of the

Agreement dated 02.01.2018 is referred to the arbitration of

Hon'ble Mr. Justice Shivaji Pandey, a former Judge of this

Court.

Accordingly, with the consent of the parties,

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 02.01.2018 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 schedule.

Since the dispute arises out of an agreement of

the year 2018, 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 Patna High Court REQ. CASE No.89 of 2019 dt.07-07-2021

the issues expeditiously.

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 2 nd

of August, 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.

Interlocutory Application(s), if any, shall stand

disposed of.

                                                  (Sanjay Karol, CJ)

Sujit/PKP
AFR/NAFR
CAV DATE
Uploading Date          14.07.2021
Transmission Date