Patna High Court
Vikas Kumar Singh vs The State Of Bihar on 1 September, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.19 of 2021
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Vikas Kumar Singh, 7HF-3/31, Bahadurpur Housing Colony, Kankarbag,
Patna at present residing at C/o Parama Nand Singh, Mohalla- Kirti Nagar,
Water Tower Sector-6, Bhutnath Road, B.H. Colony, Patna-26.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Bihar Urban Development Agency,
Urban Development and Housing Department, Vikash Bhawan, New
Secretariat, Government of Bihar, Patna.
2. The Secretary Bihar Urban Development Agency, Urban Development and
Housing Department, Vikash Bhawan, New Secretariat, Government of
Bihar, Patna.
3. The Chief Engineer Bihar Urban Development Agency, Urban Development
and Housing Department, Vikash Bhawan, New Secretariat, Government of
Bihar, Patna.
4. The Superintending Engineer Bihar Urban Development Agency, Urban
Development and Housing Department, Vikash Bhawan, New Secretariat,
Government of Bihar, Patna.
5. The Gaya Municipal Corporation Gaya through the Municipal
Commissioner.
6. The Municipal Commissioner, the Gaya Municipal Corporation, Gaya.
7. The Executive Engineer, the Gaya Municipal Corporation, Gaya.
8. The Assistant Engineer, the Gaya Municipal Corporation, Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Raj Kishore Prasad, Advocate
For the Respondent/s : Mr.Yogendra Prasad Sinha, AAG-7
Mr. Rabindra Kumar Priyadarshi, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date : 01-09-2021
The petitioner has prayed for the following
relief/s :-
"i) To issue an appropriate order(s)/direction(s)
for appointment of an Independent Arbitrator in
terms of Section-11 of the Arbitration & Conciliation
Act, 1996 (here-in-after referred to as 'the Act') as
Patna High Court REQ. CASE No.19 of 2021 dt.01-09-2021
the respondent authorities have failed to appoint any
arbitrator in terms of Clause-25 of contract of the
Standard Bidding Document (here-in-after referred
to as 'SBD').
ii) To grant any other relief or reliefs for which the
petitioner is found to be entitled in the facts and
circumstances of the case."
The present petition filed under Section 11 (6) of
the Arbitration & Conciliation Act, 1996 is in relation to the
agreement dated 26.02.2018 entered into between the petitioner
and the Gaya Municipal Corporation, Gaya. From the record, it
is clear that the agreement does not contain any arbitration
clause.
Shri Raj Kishore Prasad, learned counsel for the
petitioner states that the standard bidding document published
by the Road Construction Department, Govt. of Bihar forms
part of the agreement entered into between the parties for
construction of civil work. Bides were invited in terms whereof.
The submission is not fortified by any document
placed on record. The standard bidding document pertains to
the contract of the State Government and not the Municipal
Corporation. The agreement entered into between the parties
also does not categorically stipulate its applicability.
Hence, in the absence of any written agreement
Patna High Court REQ. CASE No.19 of 2021 dt.01-09-2021
containing an arbitration clause, the request for appointment of
the arbitrator in terms of the present petition cannot be accepted.
The present petition stands dismissed leaving it open
to the petitioner to pursue the remedies in accordance with law.
Interlocutory Application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
Ashwini/Sujit
AFR/NAFR
CAV DATE
Uploading Date 07.09.2021
Transmission Date
