M/S Eleco Construction Private ... vs The General Manager
2021 Latest Caselaw 3733 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                         REQUEST CASE No.71 of 2020
     ======================================================

M/s Eleco Construction Private Limited having its registered office at Sri Krishna Nagar, P.O. Begusarai, P.S. Distt Begusarai. the Director Ravindra Kumar Chaudhary male aged about 48 years son of Sri Kamal Deo Chaudhary Resident of Sri Krishna Nagar P.O. and P.S. Begusarai.

... ... Petitioner/s Versus

1. The General Manager, E.C. Railway, At and P.O. Hajipur, Distt- Vaishali.

2. The FA and CAO (Con) E.C. Railway, At and P.O. Mahendrughat, District-

Patna.

3. The Chief Engineer, E.C. Railway, At and P.O. Mahendrughat Distt- Patna.

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

For the Petitioner/s : Mr. Nand Kishore Singh, Advocate Mr. Jitendra Kumar , Advocate

For the Respondent/s : Mr.(Dr.) K. N. Singh, ASG Mr. Ramadhar Shekhar, Advocate Mr. Kumar Priya Ranjan, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 28-07-2021

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.

The dispute inter se the Railways and the private

contractor emanates out of an Agreement dated 04.01.2012,

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 names Patna High Court REQ. CASE No.71 of 2020 dt.28-07-2021

are suggested by the Railways:-

1. Shri K.B.L.Mittal, IRSME, GM/NER (Retd.)

2. Shri Kichchu Mal, IRSE, PCE/CER (Retd.).

3. Shri Anil Kumar Agrawal, IRSME, AM/Mech

(Retd).

4. Shri V.P.Srivastava, IRSE, PCE/EcoR (Retd).

The contractor agrees for appointment of (2) Shri

Kichchu Mal, IRSE, PCE/CER (Retd.); (3) Shri Anil Kumar

Agrawal, IRSME, AM/Mech (Retd) and (4) Shri V.P.Srivastava,

IRSE, PCE/EcoR (Retd), as learned Arbitrators for adjudication

of the dispute.

As such, as jointly prayed for, (2) Shri Kichchu Mal,

IRSE, PCE/CER (Retd.); (3) Shri Anil Kumar Agrawal,

IRSME, AM/Mech (Retd) and (4) Shri V.P.Srivastava, IRSE,

PCE/EcoR (Retd) are appointed as learned Arbitrators to

adjudicate all disputes arising out of agreement dated

04.01.2012 entered into between the parties to the lis and the

proceeding will be presided over by the senior most member

amongst them.

All pleas and issues raised, on merits, are left open to

be considered and decided by the learned Arbitrators.

Since the dispute arises out of an agreement of the Patna High Court REQ. CASE No.71 of 2020 dt.28-07-2021

year 2012, 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 and

apprise them of the passing of the order.

Parties shall file their statement of claims before the

learned Arbitrators on such date of hearing which they may fix,

as per mutual convenience.

Learned Arbitrator shall be entitled to fees as per the

Fourth Schedule of the Arbitration Act.

The Request Petition stands disposed of in the above Patna High Court REQ. CASE No.71 of 2020 dt.28-07-2021

terms. No order as to costs.

(Sanjay Karol, CJ)

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