Patna High Court
M/S Jay Shree Tea And Industry ... vs The Hindustan Petroleum ... on 16 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.22 of 2023
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M/s Jay Shree Tea and Industry Limited proprietor of Majhaulia Sugar
Industries, having its registered office and head office at Industry House, 15th
Floor, 10 Chemic Street Calcutta- 700017 and the Mill is situated in District
of West Champaran, Bihar - 845454 represented through its Authorized
Signatory and Deputy General Manager (Commercial), namely Upendra Nath
Rai, Gender Male aged about 60 years Son of Late Chandrika Rai, resident of
New Bajranj Nagar, Ratanpura Ojha Toli, Chapra, Saran - 843101.
... ... Petitioner/s
Versus
1. The Hindustan Petroleum Corporation Limited, Registered Office at 17,
Jamshedji Tata Road, Mumbai 400 020 represented through the Chairman
cum Managing Director.
2. The Deputy General Manager (I/C) O and D, NCZ, Hindustan Petroleum
Corporation Limited TC 13, V/V, Vibhuti Khand, Gomti Nagar, Lucknow-
226010.
3. The Depot Manager, Hindustan Petroleum Corporation Limited, Patna
(Bihta New IRD)- 801103.
4. The Depot Manager, Hindustan Petroleum Corporation Limited, Barauni
Depot, Papraur, Begusarai- 851210.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Agrawal, Advocate
Mr. K. Ravish, Advocate
For the Respondent/s : Mr. Neeraj Kumar Gupta, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date : 16-08-2023
The Request Case is for appointment of an Arbitrator
to resolve the dispute arising out of an Agreement produced as
Annexure-1.
Patna High Court REQ. CASE No.22 of 2023 dt.16-08-2023
2. The learned counsel for the respondents raises an
objection insofar as the arbitration clause having a clause in
which the Courts in the city where the purchase order is issued
having jurisdiction to entertain any application or other
proceedings in respect of anything arising under this Agreement.
The purchase order is produced as Annexure-P/7 along with the
supplementary affidavit which is issued from Lucknow and
hence, the petitioner would have to approach the Courts in
Lucknow.
3. The arbitration clause in Agreement has two
distinct clauses which are extracted hereunder:
"The language of the proceedings will be in
English and the place of proceedings will be at the
State Capital of the Purchaser's location where
Ethanol under current Agreement was being received.
The parties hereby agree that the Courts in the
city of .... (Place from where PO is issued) alone shall
have jurisdiction to entertain any application or other
proceedings in respect of anything arising under this
Agreement and any Award or Awards made by the
Sole Arbitrator hereunder shall be filed, if required, in
the concerned Courts."
4. Hence, while the first of the above extracts
provide for an arbitration to be in the State Capital of the
Purchaser's location, the second clause makes the Courts in the
city of the place from the purchase order is issued, to have
jurisdiction to entertain any application or other proceedings
Patna High Court REQ. CASE No.22 of 2023 dt.16-08-2023
under the agreement. Hence, both these places ought to be
considered to have jurisdiction to proceed with the arbitration.
The purchaser-respondent receives Ethanol within the State of
Bihar.
5. As such, with the consent of the parties, Hon'ble
Mr. Justice Mihir Kumar Jha, 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.
6. All pleas and issues raised, on merits, are left open
to be considered and decided by the learned Arbitrator.
7. Learned Arbitrator shall be entitled to fee as per
the Schedule of the Act.
8. Since the dispute arises out of an agreement of
the year 2020, the hearing be expedited.
9. Parties undertake to fully cooperate and not take
any unnecessary adjournment.
10. The issue of limitation, if any, is left open to be
raised before the learned Arbitrator.
11. Joint Registrar (List) is directed to
communicate the order to the learned Arbitrator.
12. Learned counsel for the parties also undertake
Patna High Court REQ. CASE No.22 of 2023 dt.16-08-2023
to communicate the order to the learned Arbitrator.
13. Parties shall file their statement of claims
before the learned Arbitrator on such date of hearing which he
may fix, as per mutual convenience.
14. The Request Petition stands disposed of in the
above terms.
15. Interlocutory Application(s), if any, shall stand
disposed of.
(K. Vinod Chandran, CJ)
Sunil/-
AFR/NAFR NAFR
CAV DATE
Uploading Date 17.08.2023
Transmission Date
