Chandra Mohan Ojha vs The State Of Bihar
2023 Latest Caselaw 3739 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                          REQUEST CASE No.47 of 2023
     ======================================================

Chandra Mohan Ojha Son of Late Muktinath Ojha, resident of Village and P.O. - Yadavchhapar (Lohiaria), P.S. - Kumarbagh (O.P), Chanpatiya, District

- West Champaran.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Water Resources Department, Government of Bihar, Patna.

2. The Principal Secretary, Water Resources Department, Government of Bihar, Patna.

3. The Chief Engineer, Flood Control and Drainage, Water Resources Department, Muzaffarpur.

4. The Superintending Engineer, Gandak Baraj Circle, Valmikinagar.

5. The Executive Engineer, Head Works Division, Valmikinagar, West Champaran.

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

For the Petitioner/s : Mr. Manish Prakash, Advocate For the Respondent/s : Mr. Vikash Kumar, AC to AG ====================================================== 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 16.01.2018 (Annexure-P-1). The said agreement

contains an arbitration clause as Clause-25. The petitioner invoked

the said arbitration clause vide communications dated 31.08.2022 Patna High Court REQ. CASE No.47 of 2023 dt.16-08-2023

(Annexure-P-7), 09.11.2022 (Annexure-P-8) and 29.11.2022

(Annexure-P-9) 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.

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, Sri B.N. Pandey, District & Sessions

Judge (Retd.), 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.

Patna High Court REQ. CASE No.47 of 2023 dt.16-08-2023

9. Since the dispute arises out of an agreement of the

year 2018, the hearing be expedited.

10. The issue of limitation, if any, is left open to be

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