Ncc Ltd vs Bihar Rajya Pul Nirman Nigam ...
2021 Latest Caselaw 3122 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Request Case No. 67 of 2020
======================================================

====================================================== Appearance :

For the Petitioner/s : Mr. Manish Sahay, Advocate Mr. Anil Kumar Sinha, Advocate For the Respondent/s : Dr. Anand Kuamr, Advocate

====================================================== Patna High Court Request Case No. 67 of 2020 dt. 07-07-2021

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

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.

There is no dispute about-(a) the

legality, validity and binding effect of the

agreement dated 27.01.2011 entered into

between the parties to the lis; (b) the existence

of arbitration clause contained therein; (c) the

existence of dispute(s) arising therefrom.

Parties mutually agree for appointment

of an Arbitrator. In fact, they themselves have

suggested the name of Hon'ble Justice Smt. Nilu

Agrawal (Former Judge of this Court) to

adjudicate the disputes.

The dispute arises out of execution of

Agreement dated 27.01.2011. The agreement Patna High Court Request Case No. 67 of 2020 dt. 07-07-2021

contained an arbitration clause, whereby the

parties agreed for reference of the dispute inter

se the parties, arising out of the said agreement,

for arbitration as per law.

There is no legal impediment in the

adjudication of the dispute by the learned

Arbitrator.

As such, as jointly prayed for, Hon'ble

Justice Smt. Nilu Agrawal (Former Judge of this

Court) is appointed as learned Arbitrator to

adjudicate all disputes arising out of agreement

dated 27.01.2011 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 2011, the hearing be

expedited.

Parties undertake to fully cooperate Patna High Court Request Case No. 67 of 2020 dt. 07-07-2021

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.

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 her of the passing of

the order.

Parties shall file their statement of

claims before the learned Arbitrator on such date

of hearing which she may fix, as per mutual

convenience.

The Request Petition stands disposed

of in the above terms.

Patna High Court Request Case No. 67 of 2020 dt. 07-07-2021

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