Patna High Court
Sarvesh Security Services Pvt. Ltd vs Central University Of Bihar on 15 December, 2023
Author: Chief Justice
Bench: Chief Justice
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.20 of 2023
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Sarvesh Security Services Pvt. Ltd., through its Director Col. S.N. P. Singh
(Male aged 74 Years), S/o Late H.P. Singh Registeted office at-413, Mayur
Vihar, Pocket E, Phase2, Delhi-110091
... ... Petitioner/s
Versus
1. Central University of Bihar, through its Vice Chancellor, Central University
of Bihar, SH-7, Gaya Panchanpur Road, Village-Karhara, Post. Fatehpur,
Gaya-824236 (Bihar)
2. Registrar, Central University of Bihar, SH-7, Gaya Panchanpur Road,
Village-Karhara, Post. Fatehpur, Gaya-824236 (Bihar)
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Shashikant Amar, Advocate
For the Respondent/s : Mr.Sd Sanjay, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date : 15-12-2023
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 16.04.2015 (Annexure-8). The petitioner invoked
the said arbitration clause vide notice dated 16.06.2018 (Annexure-
11) and a communication dated 10.11.2019 (Annexure-11/1).
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
Patna High Court REQ. CASE No.20 of 2023 dt.15-12-2023
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 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, with the consent of the parties, Hon'ble Mr.
Justice Ramesh Kumar Rateria, former District Judge, 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. 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 2015, the hearing be expedited.
10. Parties undertake to fully cooperate and not take
any unnecessary adjournment.
11. The issue of limitation, if any, is left open to be
raised before the learned Arbitrator.
12. Joint Registrar (List) is directed to communicate the
order to the learned Arbitrator.
Patna High Court REQ. CASE No.20 of 2023 dt.15-12-2023
13. Learned counsel for the parties also undertake to
communicate the order to the learned Arbitrator.
14. Parties shall file their statement of claims before the
learned Arbitrator on such date of hearing which he may fix, as per
mutual convenience.
15. The Request Petition stands disposed of in the
above terms.
16. Interlocutory Application(s), if any, shall stand
disposed of.
(K. Vinod Chandran, CJ)
Anushka/-
AFR/NAFR
CAV DATE
Uploading Date 16.12.2023
Transmission Date
