Patna High Court
Sl Rathour Hotels Private Limited vs Bihar State Tourism Development ... on 17 May, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.33 of 2023
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SL RATHOUR HOTELS PRIVATE LIMITED through its Managing Director
namely Santosh Kumar (Male aged about 48 years), son of Sri Suresh Prasad
Singh, presently residing at House No. 10 Khagri Road Digha, Police Station
Danapur, Patna.
... ... Petitioner/s
Versus
1. Bihar State Tourism Development Corporation Ltd. through its Managing
Director having its office at Beerchand Patel Path, Patna.
2. The Managing Director, Bihar State Tourism Development Corporation Ltd.
Beerchand Patel Path, Patna.
3. The Additional General Manager, Bihar State Tourism Development
Corporation Ltd. Beerchand Patel Path, Patna.
4. The Manager, Hotel and Lodge, Bihar State Tourism Development
Corporation Ltd., Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Diwakar Prasad Singh, Advocate
Mr. Amardeep Lokpriya, Advocate
For the Respondent/s : Ms.Anukriti Jaipuriyar, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date: 17-05-2023
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 respondents entered into an
agreement dated 05.08.2021 (Annexure-6). The said agreement
contains an arbitration Clause-58. The petitioner invoked the
Patna High Court REQ. CASE No.33 of 2023 dt.17-05-2023
said arbitration clause, in view of the order dated 01.02.2023
passed in CWJC No. 18365 of 2022, titled as SL Rathour
Hotels Private Limited Vs. Bihar State Tourism
Development Corporation Ltd. (Annexure-14), 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, Hon'ble Mr. Justice Samrendra Pratap
Singh, 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.
Patna High Court REQ. CASE No.33 of 2023 dt.17-05-2023
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.
9. Since the dispute arises out of an agreement of
the year 2021, 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)
Sujit/-
AFR/NAFR NAFR
CAV DATE
Uploading Date 19.05.2023.
Transmission Date
