M/S Eleco Construction Private ... vs The Union Of India
2021 Latest Caselaw 3734 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                        REQUEST CASE No.68 of 2020
     ======================================================

M/s Eleco Construction Private Limited having registered office at Sri Krishna Nagar, at and P.O. Begusarai Distt Begusarai through its Managing Director Sri Arvind Kumar Chaudhary at Sri Krishna Nagar P.O. and Distt- Begusarai.

... ... Petitioner/s Versus

1. The Union of India through the General Manager, East Central Railway at and P.O. Hajipur Distt Vaishali 844101.

2. The Chief Administrative Officer (Construction) North, East Central Railway at and P.O. Mahendrughat, Distt- Patna 800001.

3. The Deputy Chief Engineer (Con) East Central Railway at and P.O.

Muzaffarpur Distt- Muzaffarpur.

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

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

For the Respondent/s : 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 01.12.2011

read with supplementary agreement dated 12.04.2019, Patna High Court REQ. CASE No.68 of 2020 dt.28-07-2021

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 three

names are suggested by the Railways:-

1. Shri Khichchu Mal (IRSE) Former PCE/CER

2. Shri K.B.L.Mittal (IRSME) Former GM/NER

3. Shri Ram Prakash Sharma (IRSEE) Retd.

PCEE/CR.

The contractor agrees for appointment of (1) Shri

Khichchu Mal (IRSE) Former PCE/CER; (2)Shri

K.B.L.Mittal (IRSME) Former GM/NERand (3) Shri Ram

Prakash Sharma (IRSEE) Retd. PCEE/CR, as learned

Arbitrator for adjudication of the dispute.

As such, as jointly prayed for, (1) Shri Khichchu

Mal (IRSE) Former PCE/CER ; (2) Shri K.B.L.Mittal

(IRSME) Former GM/NERand (3) Shri Ram Prakash Sharma

(IRSEE) Retd. PCEE/CR are appointed as learned Arbitrators

to adjudicate all disputes arising out of agreement dated

01.12.2011 entered into between the parties to the lis and the

proceeding will be presided over by the senior most member

amongst them.

Patna High Court REQ. CASE No.68 of 2020 dt.28-07-2021

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 2011, 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 Patna High Court REQ. CASE No.68 of 2020 dt.28-07-2021

fix, as per mutual convenience.

The Request Petition stands disposed of in the

above terms.

                                                  (Sanjay Karol, CJ)
Sujit/Ashwini
AFR/NAFR
CAV DATE
Uploading Date          30.07.2021
Transmission Date