Patna High Court
M/S M.K. Gupta And Co. - Cjj Infra ... vs The Union Of India on 16 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.30 of 2023
======================================================
1. M/s M.K. Gupta and Co. - CJJ Infra Projects (JV) through its power of
attorney holder Mr. Deepak Jain, aged about 35 years, Son of Sri Bijay Jain,
Jain House, 165 Seth Srilal Market, Ward No. 1, near city Center, P.O. and
P.S.- Siliguri (M.Corp), District - Darjeeling, State - West Bengal - 734001,
office Address - Mobile Plaza Building, 1st floor, Sevoke Road, Siliguri -
734001.
2. M/s M.K. Gupta and Co. having its principle place of business at Church
Road, P.O. and P.S. - Siliguri, District - Darjeeling.
3. CJJ Infra Projects (JV) giving its principle place of business at 1st floor,
Mobile Plaza Building, Sevoek Road, Siliguri - 734001, District -
Darjeeling, West Bengal.
... ... Petitioner/s
Versus
1. The Union of India through the General Manager, East Central Railway,
Hajipur (Bihar) - 844101.
2. The Chief Engineer/CON/NE, East Central Railway, MH X, Mahendrughat,
Patna - 800004.
3. The Dy. Chief Engineer/con/IV, East Central Railway, Samastipur - 848101.
4. The Chief administrative officer (Con), North East Central Railway,
Mahendrughat, Patna - 800004.
5. The XEN/C/II (Executive Engineer)/SRGR (Saraigarh), East Central
Railway, Saraigarh - 852105 (Bihar).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vipin Kumar Singh, Advocate
For the Respondent/s : Dr. K.N. Singh, ASG
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date : 16-08-2023
The objection raised by the respondent-Railways is
with respect to Annexure-W, having been communicated to the
petitioner, wherein four retired officers of the Railways have
been indicated, whose names were from a panel prepared by the
Railways, of whom two are to be nominated by the petitioner in
Patna High Court REQ. CASE No.30 of 2023 dt.16-08-2023
terms of Clause 64(3)(a)(ii)&(iii) of the general conditions of
contract. The series of decisions produced as Annexure-DD
along with the counter affidavit are also relied on.
2. The learned counsel for the respondent, however,
relies on the decision of this Court in Request Cases No. 124 of
2022 and 125 of 2022 dated 28.06.2023. This Court had referred
to the various decisions of the Hon'ble Supreme Court and held
that the Railways is required to give details of those retired
officers, while requesting to select two of them as members of
the Arbitral Tribunal, which had not been done in the instant
case also.
3. Hence, following the above cited decisions,
Hon'ble Mr. Justice Shyam Kishore Sharma, a former Judge of
the Patna High Court, is appointed as learned Arbitrator to
adjudicate all disputes arising out of agreement entered into
between the parties to the lis.
4. All pleas and issues raised, on merits, are left open
to be considered and decided by the learned Arbitrator.
5. The learned Arbitrator shall be entitled to fee as
per the schedule of the Act.
6. Since the dispute arises out of an agreement of the
year 2016, the hearing be expedited.
Patna High Court REQ. CASE No.30 of 2023 dt.16-08-2023
7. The issue of limitation, if any, is left open to be
raised before the Arbitral Tribunal.
8. Joint Registrar (List) is directed to communicate
the order to the learned Arbitrator.
9. Learned counsel for the parties also undertake to
communicate the order to the learned Arbitrator.
10. The Arbitral Tribunal shall issue notice to the
respondents.
11. The Request Petition stands disposed of in the
above terms.
(K. Vinod Chandran, CJ)
aditya/-
AFR/NAFR
CAV DATE
Uploading Date 18.08.2023.
Transmission Date
