Patna High Court
Phular Construction Co. (Pvt.) ... vs The State Of Bihar on 27 October, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.54 of 2021
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Phular Construction Co. (Pvt.) Ltd. Through its Managing Director namely
Umesh Prassad Singh, aged about 59 years, (Male), Son of Nand Kishore
Singh, Resident of House No. 112, Khabra, (Near Railway Crossing No. 5,
Manjhaulia, Adarsh Nagar- 3, P.S.- Manjhaulia, District - Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Water Resources
Department, Government of Bihar, Patna.
2. The Principal Secretary, Water Resources Department, Government of Bihar,
Patna.
3. The Chief Engineer, Flood Control and Drainage, Water Resources
Department, Samastipur, Bihar.
4. The Superintending Engineer, Flood Control Circle, Darbhanga, Bihar.
5. The Executive Engineer Flood Control Division- 2, Jhajharpur, Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Vikas Kumar, Advocate
For the Respondent/s : Mr. Deepak Sahay Januar, AC to AAG 4
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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):-
"That in this case petitioner prays
to this Hon'ble Court for appointment of an
independent and impartial Sole Arbitrator for
settlement of dispute between the parties arisen
pursuant to Agreement Dated 15.02.2018,
Agreement No. 06/SBD/207-18 for RAISING,
Patna High Court REQ. CASE No.54 of 2021 dt.27-10-2021
STREANGTHENING & EMBANKMENT
PROTECTION WORK IN BETWEEN 47 KM
TO 48 KM & 68 KM TO 75.00 KM OF RIGHT
KAMLA BALAN EMBANKMENT."
Learned counsel for the petitioner invites attention
of this Court to the communication dated 04.06.2021 addressed
to the Superintending Engineer, Flood Control Circle,
Darbhanga (Annexure-3); communication dated 06.07.2021
addressed to The Chief Engineer, Flood Control and Drainage,
Water Resources Department, Samastipur (Annexure-4).
Clause 25 of the agreement dated 15 th February,
2018 (Page 14) 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 15.02.2018,
entered into between the petitioner and the respondent.
There is no dispute about-(a) the legality, validity
and binding effect of the agreement dated 15.02.2018 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.
The dispute arises out of execution of Agreement
dated 15.02.2018. The agreement contained an arbitration
Patna High Court REQ. CASE No.54 of 2021 dt.27-10-2021
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 S. N. Jha, former Chief Justice, Rajsthan High Court is
appointed as learned Arbitrator to adjudicate all disputes
arising out of agreement dated 15.02.2018 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 2018, 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.
Patna High Court REQ. CASE No.54 of 2021 dt.27-10-2021
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
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)
Sujit/Ashwini
AFR/NAFR
CAV DATE
Uploading Date 03.11.2021
Transmission Date
