Patna High Court
Bhagwan Jha vs The State Of Bihar on 16 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.53 of 2023
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Bhagwan Jha Son of Sri Mahesh Nath Jha, Resident of Mohalla- Kabraghat
Darbhanga, P.S.- L.N.M.U Campus, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Bihar State Food and
Civil Supplies Department, Government of Bihar, Patna.
2. The Managing Director, Bihar State Food and Civil Supplies Corporation,
Government of Bihar, Patna.
3. The District Manager, Bihar State Food and Civil Supplies Corporation
Limited Madhubani, District- Madhubani.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Kripa Nand Jha, Advocate
For the Respondent/s : Mr. S. Raza Ahmad, AAG-5
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CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date : 16-08-2023
Heard learned counsel for the parties.
2. 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.
3. Petitioner and the respondent entered into an
agreement dated 29.07.2016 (Annexure-1). The said agreement
contains an arbitration clause as Clause-20. The petitioner invoked
the said arbitration clause vide notice dated 22.03.2023
(Annexure-3) for appointment of an arbitrator, but to no avail.
4. It is pleaded that the respondents have not settled
the dispute till date and the dispute is of civil in nature.
Patna High Court REQ. CASE No.53 of 2023 dt.16-08-2023
5. Today, there is no dispute about-(a) the legality,
validity and binding effect of the written agreement 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 arising 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 the dispute; (g) the respondent having failed to appoint an
Arbitrator pursuant to the invocation of the arbitration clause
by the petitioner.
6. As such, Hon'ble Mr. Justice Prabhat Kumar Jha,
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.
7. All pleas and issues raised, on merits, are left open
to be considered and decided by the learned Arbitrator.
8. The learned Arbitrator shall be entitled to fee as
per the schedule of the Act.
9. Since the dispute arises out of an agreement of the
year 2016, the hearing be expedited.
10. The issue of limitation, if any, is left open to be
Patna High Court REQ. CASE No.53 of 2023 dt.16-08-2023
raised before the Arbitral Tribunal.
11. Joint Registrar (List) is directed to
communicate the order to the learned Arbitrator.
12. Learned counsel for the parties also undertake
to communicate the order to the learned Arbitrator.
13. The Arbitral Tribunal shall issue notice to the
respondents.
14. The Request Petition stands disposed of in the
above terms.
(K. Vinod Chandran, CJ)
aditya/-
AFR/NAFR
CAV DATE
Uploading Date 17.08.2023.
Transmission Date
