Titu Badwal vs The State Of Bihar Through The ...
2021 Latest Caselaw 4383 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                         REQUEST CASE No.10 of 2021
     ======================================================

Titu Badwal Son of Late Sohan Singh Resident of Mohallah - Professor's Colony, Milan Patty, Kishanganj, P.S. - Kishanganj (Muffassil), District - Kishanganj (Bihar).

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Building Construction Government of Bihar, Nirman Bhawan, Bailey Road, Patna.

2. The Executive Engineer, Building Construction Department, Gardanibagh Building Division, Behind Officer's Flats, Bailey Road, Patna.

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

For the Petitioner/s : Mr.Uma Shankar Tiwary, Advocate For the Respondent/s : Mr. S.D. Yadav, A.A.G. 9 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT

(The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.)

Date : 01-09-2021

Petitioner has prayed for the following relief(s):

"For the appointment of an independent/ impartial Arbitrator for the amicable settlement of dispute/ disputes between both the parties."

Parties entered into an agreement for construction

of outer periphery boundary wall, containing an arbitration

Clause 25, in terms whereof. Disputes arising between the

parties, if not settled, under the mechanism provided therein are

required to be adjudicated through the process of arbitration.

The terms of the agreement dated 8 th of August, 2019 stand Patna High Court REQ. CASE No.10 of 2021 dt.01-09-2021

breached by the petitioner is what the State has alleged in the

counter affidavit.

Before this Court, it is not disputed that mechanism

provided under Clause 25 stands complied with. It is also not

disputed that (a) the written agreement contained an arbitration

clause; (b) dispute inter se the parties under the said agreement

has arisen which stands notified by the petitioner to the

respondent and vice versa; (c) the petitioner, by invoking Clause

25, has called upon the respondent to appoint an arbitrator

which was not done prior to the filing of the instant petition on

8th of December, 2020. Hence, the present petition under Section

11(6) of the Arbitration and Conciliation Act, 1996 needs to be

allowed.

In view of the above, petition needs to be allowed

for there is no other legal impediment in doing so. It would be

worth mentioning that the petitioner had, in fact, filed a writ

petition being C.W.J.C. No. 8275 of 2020, titled as Titu Badwal

Vs. The State of Bihar & Ors., which was disposed of on

13.10.2020. The order in its entirety reads as under:

"This case has been taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the respondent-State.

Petitioner's counsel submits that he will avail of Patna High Court REQ. CASE No.10 of 2021 dt.01-09-2021

his remedy under the Arbitration and Conciliation Act (for brevity, the Act) in view of the provisions contained in Clause 25 of the Agreement which has been executed in relation to the works in question.

Since the Agreement contains an arbitration clause, the learned State Counsel does not object to availing of such remedy under the Act, and in terms of the Agreement inter parties.

With liberty, as aforesaid, the writ petition is disposed of."

Whether breach of the terms of the

agreement stands committed by the petitioner or for that matter

the Respondent are all matters left to be adjudicated by the

learned Arbitrator in accordance with law. Hence, this Court is

inclined to allow the petition by appointing an arbitrator.

As such, Hon'ble Mr. Justice Dinesh Kumar Singh,

Retired Judge of the Patna High Court, Patna is appointed as learned

Arbitrator to adjudicate all disputes arising out of the agreement

dated 8th of August, 2019 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 fees as per

Schedule IV of the Arbitration Act.

Since the dispute arises out of an agreement of the year

2019, the hearing be expedited.

Parties undertake to fully cooperate and not take any Patna High Court REQ. CASE No.10 of 2021 dt.01-09-2021

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 adjudicate the

disputes 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 13 th of

September, 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)

K.C.Jha/-

AFR/NAFR
CAV DATE
Uploading Date          03.09.2021
Transmission Date