Patna High Court
M/S Anil Sharma vs The State Of Bihar on 27 October, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.40 of 2021
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M/s Anil Sharma through its proprietor Mr. Anil Sharma, aged about 55
Years, (Male), son of Late Ram Chandra Singh, Resident of Mohalla- North
Office Para Road, G.S.P, P.S.- Doranda, District- Ranchi- 834002, State
Jharkhand.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Water Resources
Department, Sinchai Bhawan, Patna- 15.
2. The Principal Secretary, Water Resources Department, Sinchai Bhawan,
Patna- 15.
3. The Engineer-In- Chief (Middle), Water Resources Department, Sinchai
Bhawan, Patna- 15, now it has been changed as Irrigation Creation, Water
Resources Department, Sinchai Bhawan, Patna- 15.
4. The Chief Engineer, Water Resources Department, Katari Hill Road, Gaya-
823001, now it has been changed as Irrigation Creation, Water Resources
Department, Nalanda, Bihar Sharif- 803101.
5. The Superintending Engineer, Water Resources Department, Water Ways
Circle, Ghoshi (Jehanabad). Now it has been changed as Irrigation Circle,
Nalanda at Bihar Sharif- 803101.
6. The Executive Engineer, Water Resources Department, Water Ways
Division, Ghoshi (Jehanabad). Now It has been changed as Irrigation
Division, Ghoshi (Jehanabad).
7. The Joint Secretary, Water Resources Department, Bihar, Patna- 15.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sriram Krishna, Advocate
Mr.Manish Sahay, Advocate
For the Respondent/s : Mr.Vikash Kumar, SC-11
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CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date : 27-10-2021
Patna High Court REQ. CASE No.40 of 2021 dt.27-10-2021
Heard learned counsel for the parties.
"That, by this application, the
petitioner/claimant make a request to this Hon'ble Court
for appointment of sole arbitrator in terms of Section
11(6) of the Arbitration and Conciliation Act, 1996
under the circumstances that the respondents have failed
to adhere to the terms and conditions of the Agreement
No. 01 SBD of 2009-10 dated 11.06.2009 arsing out of
a work namely "Construction of Turwan Distributory
and their structures" and refused to appoint an
independent arbitrator vide his letter no. 2176 dated
08.09.2020, issued under signature of one Mr. Arun
Kumar Dwedi, the Joint Secretary (Tech), Water
Resources Department, Bihar, Patna (i.e. Respondent
No.7) in pursuance of notice given to them vide letter
dated 15.07.2020 of the petition."
Learned counsel for the petitioner seeks permission to
take recourse to the relevant provisions of settlement of
disputes, as contained in Clause 25 of the agreement No. 01
SBD of 2009-10 dated 11.06.2009 (Page 77).
Learned counsel for the respondents states that the
respondents shall take a decision on the petitioner's request
expeditiously and positively within the period stipulated under
the clause.
Statement accepted and taken on record.
The present petition stands disposed of in the
Patna High Court REQ. CASE No.40 of 2021 dt.27-10-2021
aforesaid terms, reserving liberty to approach the Court afresh,
if the need so arises subsequently.
Interlocutory Application(s), if any, shall stand
disposed of.
(Sanjay Karol, CJ)
Ashwini/Sujit
AFR/NAFR
CAV DATE
Uploading Date 1.11.2021
Transmission Date
