Mrs. Dharti Jha vs M/S. Karamandana
2021 Latest Caselaw 1500 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                          REQUEST CASE No.45 of 2019
     ======================================================

1. Mrs. Dharti Jha Wife of Arbind Kumar Jha and Daughter of Late Kantilal Parmar by faith- Hindu, by occupation- Housewife, by Caste- Gurjar Khashtriya, Category- General, resident of Ashiayana Mangalam Society, Kalwar Road, Machwa, Jaipur, P.O. Machwa, P.S. Kalwar, District- Jaipur- 303706, Rajasthan, having her Aadhar No. 6702 93486192 and Mobile No. 8769043865

2. Mrs. Urvashi Bole Wife of Shri Devesh Bole and daughter of late Kantilal Parmar by faith- Hindu, by occupation- Housewife, by Caste- Gurjar Khashtriya, Category- General, residing near Gujrati School, Karbala Road, P.S. Bankmore (Dhanbad), P.O. and District- Dhanbad, having her Aadhar No. 2107 8619 2802 and Mobile No. 9472784887, 9708616465

3. Mrs. Jasmin Jethwa Wife of Shri Kamlesh Jethwa and daughter of Late Kantilal Parmar by faith- Hindu, by occupation- Housewife, by Caste- Gurjar Khashtriya, Category- General, residing at Saroj Apartment, 2nd Floor, Shastri Nagar, P.S. Bankmpore (Dhanbad), P.O. and District- Dhanbad, having her Aadhar No. 3645 4362 3240 and Mobile No. 7004739540

... ... Petitioner/s

Versus

1. M/s. Karamandana A partnership firm having its office at Vasant Talkies, Opposite Mangal Bazar, P.O., P.S. and District- Katihar represented by its present Managing partners namely Vinay Dayalal, Son of Late Dayalal Parmar and Rajesh Parmar, Son of Late Prabhual Parmar, resident of Parmar Bhawan, Amlatola, P.O. Katihar, P.S. Mangal Bazar, District- Katihar.

2. Vinay Dayalal Parmar Son of Late Dayalal Parmar resident of Parmar Bhawan, Amlatola, P.O. Katihar, P.S. Mangal Bazar, District- Katihar.

3. Rajesh Parmar Son of Late Prabhual Devram Parmar resident of Parmar Bhawan, Amlatola, P.O. Katihar, P.S. Mangal Bazar, District- Katihar.

4. Kusum Ben Parmar Wife of Late Prabhulal Devram Parmar resident of Parmar Bhawan, Amlatola, P.O. Katihar, P.S. Mangal Bazar, District- Katihar.

5. Hansa Ben Parmar Wife of Late Dayalal Parmar resident of Parmar Bhawan, Amlatola, P.O. Katihar, P.S. Mangal Bazar, District- Katihar.

6. Vishal Parmar Son of Late Prabhulal Devram Parmar resident of Parmar Bhawan, Amlatola, P.O. Katihar, P.S. Mangal Bazar, District- Katihar.

7. Ramnik Lal Parmar Son of Late Raghudana Parmar resident of Binodpur Road, P.O. Katihar, P.S. Mangal Bazar, District- Katihar.

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

For the Petitioner/s : Mr. Swapan Mukherjee, Advocate Patna High Court REQ. CASE No.45 of 2019 dt.17-03-2021

Mr.Shashi Ranjan, Advocate For the Respondent/s : Mr.Ashhar Mustafa, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 17-03-2021

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 existence, legality,

validity and binding effect of the agreement dated 20th October,

2015 entered into inter se the parties to the lis [Annexure-3]; (b)

the existence of arbitration clause contained therein; (c) the

existence of dispute(s) arising there from and (d) the parties

noticed about the same.

Before this Court it is not disputed that an attempt

for amicable settlement of all the dispute did not fructify any

result.

As such, parties jointly prayed that the dispute

emanating out of the agreement, civil in nature, be referred to

the Arbitrator.

At this stage, learned counsel for the parties jointly

prayed that a retired Judge of the Patna High Court, namely,

Hon'ble Mr. Justice Dinesh Kumar Singh [Former Judge of this Patna High Court REQ. CASE No.45 of 2019 dt.17-03-2021

Court] be appointed as an Arbitrator to adjudicate the dispute.

No other plea raised or pressed. Ordered

accordingly.

Petition stands disposed of in the following

mutually agreeable terms:

(a) Dispute inter se the parties emanating out of the

agreement dated 20th October, 2015 (Annexure-3)

executed between the petitioner and the respondents is

referred to Hon'ble Mr. Justice Dinesh Kumar Singh

[Former Judge of this Court] for adjudication of the

dispute.

(b) the proceedings, as parties agree, can be

conducted through the mode of video conferencing;

(c) parties undertake to appear before the learned

Arbitrator on 19th April, 2021 through virtual or

physical mode.

(d) during the period of current Pandemic Covid-

19, subject to the convenience, arbitral proceeding can

commence and conclude using facility of video

conferencing/other electronic mode.

(e) parties shall fully co-operate and not take any

unnecessary adjournment;

Patna High Court REQ. CASE No.45 of 2019 dt.17-03-2021

(f) parties undertake to apprise the learned

Arbitrator of the passing of the order;

(g) this Court is hopeful that the dispute shall be

adjudicated at the earliest;

(h) learned Arbitrator shall be entitled to fee as per

the prescribed schedule;

(i) learned Registrar General shall ensure that a

copy of this order is made available to the learned

Arbitrator;

(j) parties shall file their statement of claim before

the learned Arbitrator on such date of hearing which he

may fix, as per mutual convenience;

(k) no order as to costs;

The present petition stands disposed of in the

aforesaid terms.

Interlocutory Application(s), if any, shall stand

disposed of.

(Sanjay Karol, CJ)

K.C.Jha/-

AFR/NAFR
CAV DATE
Uploading Date          18.03.2021
Transmission Date