Patna High Court
M/S Maa Bindyavashini ... vs The State Of Bihar on 17 May, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.94 of 2022
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M/s Maa Bindyavashini Construction through its working partner Mr.
Virendra Kumar Tiwari, aged about 46 years (Male), son of Sri Krishna
Tiwari, Resident of Mohalla-Thakaraha, Ward No. 8, P.O.-Thakaraha, Bettiah,
P.S.-Thakaraha, District-West Champaran, Official Address-At and P.O.-
Thakaraha, District-West Champaran (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Water Resources
Department, Sinchai Bhawan, Bailey Road, Patna-15.
2. The Principal Secretary, Water Resources Department, Sinchai Bhawan,
Bailey Road, Patna-15.
3. The Engineer-in-Chief (Irrigation Creation), Water Resources Department,
Sinchai Bhawan, Patna-15.
4. The Chief Engineer (Irrigation Creation), Water Resources Department,
Motihari (East Champaran).
5. The Superintending Engineer, Water Resources Department, Tirhut Canal
Circle, Raxaul (East Champaran).
6. The Executive Engineer, Water Resources Department, Triveni Canal
Division, Raxaul (East Champaran).
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Manish Sahay, Advocate
For the Respondent/s : Mr.Anjani Kumar, AAG-4
Mr. Alok Kumar Rahi, AC to AAG-4
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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.
Patna High Court REQ. CASE No.94 of 2022 dt.17-05-2023
3. Petitioner and the respondent entered into an
agreement dated 29.01.2018 (Annexure-2). The said agreement
contains an arbitration Clause-25 The petitioner invoked the said
arbitration clause vide communications dated 24.03.2022 (Annexure-
13) and 27.05.2022 (Annexure-15) , 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 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.
7. All pleas and issues raised, on merits, are left open
Patna High Court REQ. CASE No.94 of 2022 dt.17-05-2023
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 2018, 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 18.05.2023
Transmission Date
