Patna High Court
Aditya Multicom Private Limited vs The State Of Bihar on 22 June, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.40 of 2022
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Aditya Multicom Private Limited a Company incorporated under the
provisions of the Companies Act, 1956, having its registered office at 12,
Waterloo Street, 2nd Floor, Kolkata- 700069, through its Chief Executive
Officer Sadashiv Prasad Singh, aged about 58 years, son of Maleshwar Singh,
Resident of 410 Ganeshalay Apartment, Jharudih, Near Carmel School,
Mathuria, Dhanbad, Jharkhand 82600
... ... Petitioner/s
Versus
1. The State of Bihar through the Commissioner-Cum- Principal Secretary,
Department of Mines and Geology, Government of Bihar, Vikas Bhawan,
Bailey Road, Patna 800001.
2. The Principal Secretary cum Commissioner Mines, Department of Mines
and Geology, Government of Bihar, Vikas Bhawan, Bailey Road, Patna
800001.
3. The Director, Mines and Geology Department, Government of Bihar, Vikas
Bhawan, Bailey Road, Patna.
4. The Assistant Director, Mines and Geology Department, Government of
Bihar, Vikas Bhawan, Bailey Road, Patna.
5. The District Magistrate-cum- Collector, Aurangabad.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Suraj Samdarshi, Advocate
For the Respondent/s : Mr. Gyan Prakash Ojha (GA 7)
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CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date : 22-06-2022
This application has been moved seeking
appointment of an Arbitrator invoking the powers of this Court
under Section 11(6) of the Arbitration and Conciliation Act,
1996 (hereinafter referred to as the 'Act').
Petitioner and the respondents entered into a written
agreement dated 24.07.2015. The said agreement contains an
Patna High Court REQ. CASE No.40 of 2022 dt.22-06-2022
arbitration clause. The petitioner, vide notice dated 17.02.2022
(Annexure-25 Page 188), has invoked the arbitration Clause-9
of the notification No. 2887 dated 22.07.2014 (Annexure-2,
Page 64), seeking appointment of an Arbitrator.
It is pleaded that the respondents have neither settled
the dispute nor responded to the said notice. The disputes are
civil in nature, arising out of an agreement dated 24.07.2015.
The only objection raised by Shri Naresh Dikshit,
learned counsel appearing on behalf of the respondents is non-
existence of the arbitration clause in the agreement, which, in
fact, is the extension of the old agreement containing an
arbitration clause.
Today, there is no dispute about-(a) the legality,
validity and binding effect of a written agreement dated
24.07.2015 and subsequently 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; (d)
the dispute arisen out of the agreement being civil in nature; (e)
no legal impediment in the adjudication of the dispute by the
learned Arbitrator; (f) Petitioner having exhausted the channel
available for resolution of dispute; (g) the respondent having
failed to appoint an Arbitrator pursuant to the invocation of the
Patna High Court REQ. CASE No.40 of 2022 dt.22-06-2022
arbitration clause by the petitioner.
As such, Hon'ble Mr. Justice S.J.Mukhopadhaya,
Former Judge, Supreme Court of India, Mobile No.
8800555332, is appointed as learned Arbitrator to adjudicate all
disputes arising out of agreement dated 24.07.2015 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 2015, it is expected of the learned Arbitrator to decide the
issues expeditiously.
Parties are directed 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.
Joint Registrar (List) is directed to immediately
communicate the order to the learned Arbitrator.
Learned counsel for the parties to communicate the
Patna High Court REQ. CASE No.40 of 2022 dt.22-06-2022
order to the learned Arbitrator. Also, parties are directed to
appear before him, through physical/digital mode on 07.07.2022
and apprise him of passing of this 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 24.06.2022
Transmission Date
