Patna High Court
Peeyush Rastogi vs The Union Of India on 7 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Request Case No. 65 of 2020
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Peeyush Rastogi, age about 46 years, Gender-Male, s/o- Krishna
Avtar Rastogi, R/o- E-7 l6 Airport Road, Laigahati, Indra vihar
colony, Near Bank of Baroda, Hazur, District- Bhopal proprietor-
M/s R.K Enterprises situated at Bhopal, Madhya Pradesh
..... ....... Petitioner
VERSUS
1. The Union of India through chairmen, Railway Board, Rail
Bhawan, New Delhi.
2. The General Manager, East central Railway, Hazipur,Vaishali.
3. The senior Divisional Engineer (II), East central Railway,
MughalSarai, District- Chandauli, Utter pradesh.
4. The Assistant Divisionai Engineer, East central Railway, Gaya,
Bihar.
..... .......Respondents.
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Appearance :
For the Petitioner/s : Mr. Krishna Mohan Mishra, Advocate
Mr. Prasoon Kumar, Advocate
For the Respondent/s : Dr. K.N. Singh, ASG
Mr. Kumar Priyaranjan, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
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(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
This application has been moved seeking
appointment of an Arbitrator invoking the powers
Patna High Court Request Case No. 65 of 2020 dt. 07-07-2021
of this Court under Section 11(6) of the
Arbitration and Conciliation Act, 1996.
The dispute inter se the Railways and the
private contractor emanates out of an
Agreement dated 09.04.2018, executed in
relation to work contract. The agreement
contains arbitration clause whereby the parties
have to nominate the Arbitrator for adjudication
of the disputes.
In terms of the Arbitration clause,
following four names are suggested by the
Railways:-
1. Shri J.K. Verma (IRSE), Retd. PCE/SECR
[Address- K-138, People's Cooperative Colony,
Hanuman Nagar, Patna-800020, Mob.
8294469875, email. [email protected]]
2. Shri Hemant Kr. Singh, (IRSE) Retd.
Addl. Director General/RDSO [Address- 106 A,
Ashok Nagar, Basharatpur, Gorakhpur (U.P.) -
273004 Mob- 9793907954,
[email protected]]
3. Shri Virendra Kumar (IRSE)
Patna High Court Request Case No. 65 of 2020 dt. 07-07-2021
Retd.CTE/ECR [Address- A/16, Anandpuri Colony,
West Boring Canal Road, Patna- 800001,
Mob8521313805, [email protected]]
(4) Shri Bharat Prasad Gupta (IRSE),
Retd. CAO/C/N/ECR [Address- H. N. 12, Manglam
Vihar Colony, Ara Garden Road, P.O.- B.V.
COLLEGE, Patna-800014 Mob. 9771443109]
The contractor agrees for appointment of
Shri Bharat Prasad Gupta (IRSE), Retd.
CAO/C/N/ECR [Address- H. N. 12, Manglam Vihar
Colony, Ara Garden Road, P.O.- B.V. COLLEGE,
Patna-800014 Mob. 9771443109] and Shri J.K.
Verma (IRSE), Retd. PCE/SECR [Address- K-138,
People's Cooperative Colony, Hanuman Nagar,
Patna-800020, Mob. 8294469875, email.
[email protected]] as learned Arbitrator for
adjudication of the dispute.
As such, as jointly prayed for, Shri Bharat
Prasad Gupta (IRSE), Retd. CAO/C/N/ECR and Shri J.K.
Verma (IRSE), Retd. PCE/SECR are appointed as
learned Arbitrators to adjudicate all disputes arising
out of agreement dated 09.04.2018 entered into
between the parties to the lis.
Patna High Court Request Case No. 65 of 2020 dt. 07-07-2021
All pleas and issues raised, on merits, are
left open to be considered and decided by the
learned Arbitrators.
Learned Arbitrators 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 Arbitrators to
decide the issues expeditiously.
Registrar (List) is directed to communicate
the order to the learned Arbitrators.
Learned counsel for the parties also
undertake to communicate the order to the learned
Arbitrators. In fact, they volunteered to appear
before them, through digital mode on 2 nd of August,
2021 and apprise them of the passing of the order.
Parties shall file their statement of claims
Patna High Court Request Case No. 65 of 2020 dt. 07-07-2021
before the learned Arbitrators on such date of
hearing which they may fix, as per mutual
convenience.
The Request Petition stands disposed of in
the above terms.
(Sanjay Karol, CJ)
Sujit/PKP-
AFR/NAFR
CAV DATE
Uploading Date 14.07.2021
Transmission Date
