Anurag Kumar Jaiswal vs The State Of Bihar Through The ...
2023 Latest Caselaw 569 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                          REQUEST CASE No.24 of 2023
     ======================================================

Anurag Kumar Jaiswal, Son of Rajendra Prasad Jaiswal Resident of Ward No. 2, Gauripur, Hathi Gate (Main Road), Singheshwar, P.O. and P.S.- Madhepura, District- Madhepura, PIN- 852128.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Khadya Bhawan, R-Block, Patna- 800001.

2. The Managing Director, Bihar State Food and Civil Supplies Corporation Limited, Government of Bihar, Khadya Bhawan, R- Block, Patna- 800001.

3. The District Manager, Bihar State Food and Civil Supplies Corporation Limited, Government of Bihar, Supaul.

4. The District Magistrate-cum-Collector, Supaul.

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

For the Petitioner/s : Mr. Sanket, Advocate Mr. Vinay Mistry, Advocate Mr. Sanjay Kumar, Advocate For the Respondent/s : Mr. S. Raza Ahmad, AAG-5 Mr. Md. Kamil Akhtar, A.C. to AAG-5 Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 01-02-2023

Heard learned counsel for the parties.

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.

Petitioner and the respondent entered into a written

agreement dated 07.10.2016 (Annexure-P/1, page-15). The said Patna High Court REQ. CASE No.24 of 2023 dt.01-02-2023

agreement contains an arbitration clause (Clause-21, page-19).

The petitioner, invoked the arbitration clause vide

communication dated 03.06.2022 (Annexure-P/5 Page No. 25),

but to no avail.

It is pleaded that the respondents have not settled the

dispute till date. The dispute is civil in nature, arising out of the

agreement dated 07.10.2016 (Annexure-P/1, page-15).

Today, there is no dispute about-(a) the legality,

validity and binding effect of the written agreement dated

07.10.2016 (Annexure-P/1, page-15) 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 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.

As such, Shri Kishore Prasad, District & Sessions

Judge (Retired) is appointed as learned Arbitrator to adjudicate

all disputes arising out of agreement dated 07.10.2016 Patna High Court REQ. CASE No.24 of 2023 dt.01-02-2023

(Annexure-P/1, page-15) entered into between the parties to the

lis.

All pleas and issues raised, on merits, are left open to

be considered and decided by the learned Arbitrator.

Learned Arbitrator shall be entitled to fee as per the

schedule of the Act.

Since the dispute arises out of an agreement of the

year 2016, the hearing be expedited.

Parties undertake to fully cooperate and not take

any unnecessary adjournment.

The issue of limitation is left open to be raised

before the learned Arbitrator.

It is expected of the learned Arbitrator to decide the

issues expeditiously.

Joint Registrar (List) is directed to communicate

the order to the learned Arbitrator.

Learned counsel for the parties also undertake to

communicate the order to the learned Arbitrator. In fact, they

volunteered to appear before him, through digital mode/physical

mode on 20.02.2023 and apprise him of the passing of the order.

Parties shall file their statement of claims before the

learned Arbitrator on such date of hearing which he may fix, as Patna High Court REQ. CASE No.24 of 2023 dt.01-02-2023

per mutual convenience.

The Request Petition stands disposed of in the

above terms.

Interlocutory Application(s), if any, shall stand

disposed of.

(Sanjay Karol, CJ) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date Transmission Date