Patna High Court
M/S Madan Kumar Singh vs The State Of Bihar on 10 May, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.31 of 2023
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M/S Madan Kumar Singh, a partnership firm having its registered office at
Naya Bazar, Police Station-Sadar Saharsa, District- Saharsa through its one of
the Partners, namely Sri Gopal Kumar Singh, aged about 43 years, Son of Sri
Ramanand Prasad Singh, Resident of Naya Bazar, Police Sation- Sadar
Saharsa, District- Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Road Construction
Department, Government of Bihar, Patna.
2. The Principal Secretary, Road Construction Department, Government of
Bihar, Patna.
3. The Engineer-in-Chief, Road Construction Department, Government of
Bihar, Patna.
4. The Engineer-in-Chief-2, Road Construction Department, Government of
Bihar, Patna.
5. The Superintending Engineer, Road Construction Department, Government
of Bihar, Patna.
6. The Executive Engineer, Road Construction Department, Work Division,
Saharsa.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar, Advocate
Mr. Prabhashankar Mishra, ad,,
Mr.Rajeev Shekhar, Advocate
For the Respondent/s : Mr.Uday Shankar Sharan Singh, GP-19
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CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date : 10-05-2023
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 an agreement
Patna High Court REQ. CASE No.31 of 2023 dt.10-05-2023
dated 08.03.2009 (Annexure-1). The said agreement contains an
arbitration Clause-25 The petitioner invoked the said arbitration
clause vide communications dated 05.04.2022 (Annexure-13),
20.08.2022 (Annexure-15) and dated 23.12.2022 (Annexure-16), but
to no avail.
It is pleaded that the respondents have not settled the
dispute till date and the dispute is of civil in nature.
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.
As such, Hon'ble Mr. Justice Shyam Kishore
Sharma, 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.
All pleas and issues raised, on merits, are left open to
Patna High Court REQ. CASE No.31 of 2023 dt.10-05-2023
be considered and decided by the learned Arbitrator.
The 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 2009, the hearing be expedited.
The issue of limitation, if any, is left open to be
raised before the Arbitral Tribunal.
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.
The Arbitral Tribunal shall issue notice to the
respondents.
The Request Petition stands disposed of in the above
terms.
(K. Vinod Chandran, CJ)
Sujit/-
AFR/NAFR NAFR
CAV DATE
Uploading Date 12.05.2023
Transmission Date
