M/S Kpc Projects Limited vs The State Of Bihar
2021 Latest Caselaw 5018 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                           REQUEST CASE No.49 of 2021
     ======================================================

M/s KPC Projects Limited, a registered company having its office at 1-2- 339/1, Street No.- 6, Gagan Mahal, Domalgurah, Hyderabad, erstwhile Andhra Pradesh, now Telangana, through its Project Manager, namely I. Kamisetty Veera Prasad, aged about 63 years, Son of Kamisetty Chinna Subbarayudu, Resident of 3/248-1 YMR Colony, Proddatur, Cuddapah, Police Station- Proddatur, Andhra Pradesh- 516360.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary, Department of Building Construction, Government of Bihar, Patna.

2. The Engineer-in-Chief-cum-Additional Commissioner-cum-Special Secretary, Department of Building Construction, Government of Bihar, Patna.

3. The Chief Engineer, Department of Building Construction, Government of Bihar, Patna.

4. The Superintending Engineer, Construction Circle, Department of Building Construction, Government of Bihar, Patna.

5. The Executive Engineer, Construction Division No.1, Department of Building Construction, Government of Bihar, Patna.

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

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate Mr. Rajeev Shekhar, Advocate For the Respondent/s : Mr. Uday Shankar Sharan Singh, GP-19 Mr. U.B. Singh, AC to GP-19 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 27-10-2021 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

"1. For appointment of a suitable Arbitrator by this Court to resolve the dispute between the parties in terms of the Arbitration clause of the agreement vide Agreement No. SBD-01/2010-11 dated 01.07.2010, 08F2/2015-16 dated 11.03.2016, 09F2/2015-16 dated 11.03.2016, Patna High Court REQ. CASE No.49 of 2021 dt.27-10-2021

supplementary to the main agreement no.

                          02SBD/2016-17                dated      24.08.2016         and
                          SBD01/2018-19               dated     12.05.2018       entered
                          between the parties."

Learned counsel for the petitioner invites attention

of this Court to the communication dated 3 rd of April, 2019,

addressed to the Superintending Engineer, Construction Circle,

Building Construction Department, Bailey Road, Patna

(Annexure-5); communication dated 24th of May, 2019,

addressed to The Chief Engineer (Patna) (Annexure-7);

communication dated 12th of October, 2019, addressed to the

Engineer-in-Chief, Building Construction Department, Patna

(Annexure-9).

Clause 25 of the agreement dated 1st of July, 2010

(Annexure-1) contains the arbitration clause. The petitioner has

fully exhausted the procedure stipulated therein.

Clause for arbitration stands invoked. However,

none of the authorities have taken any action. The dispute, civil

in nature, emanated from the agreement dated 1st of July, 2010

(Annexure-1), entered into between the petitioner and the

respondent.

Learned counsel for the parties jointly suggest the Patna High Court REQ. CASE No.49 of 2021 dt.27-10-2021

name of Hon'ble Mr. Justice Prabhat Kumar Jha, a former Judge

of this Court for appointment as an Arbitrator to adjudicate the

dispute between the parties.

There is no dispute about-(a) the legality, validity

and binding effect of the agreement dated 1st of July, 2010

(Annexure-1) entered into between the parties to the lis; (b)

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

existence of dispute(s) arising there from.

Parties mutually agree for appointment of an

Arbitrator. In fact, they themselves have suggested the name

of Hon'ble Mr. Justice Prabhat Kumar Jha, a former Judge of

this Court to adjudicate the disputes.

The dispute arises out of execution of Agreement

dated 1st of July, 2010 (Annexure-1). The agreement

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 Mr.

Justice Prabhat Kumar Jha, a former Judge of this Court is

appointed as learned Arbitrator to adjudicate all disputes Patna High Court REQ. CASE No.49 of 2021 dt.27-10-2021

arising out of agreement dated 1st of July, 2010 (Annexure-1)

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 of the Act.

Since the dispute arises out of an agreement of

the year 2010, 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 Arbitrator to decide

the issues expeditiously.

Joint 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

22nd of November, 2021 and apprise him of the passing of the Patna High Court REQ. CASE No.49 of 2021 dt.27-10-2021

order.

Parties shall file their statement of claims before

the learned Arbitrator on such date of hearing which he may

fix, as per mutual convenience.

The Request Petition stands disposed of in the

above terms.

Interlocutory Application(s), if any, shall stand

disposed of.

                                                         (Sanjay Karol, CJ)
P.K.P./Amrendra
AFR/NAFR
CAV DATE
Uploading Date          29.10.2021
Transmission Date