Patna High Court
Shailendra Kumar Sinha vs M/S Jagat Homes And Resort Private ... on 17 May, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.55 of 2022
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Shailendra Kumar Sinha, Son of Sri Late Birendra Kumar Sinha, Resident of
Krishnaangan, Near National Insurance Company (Raja Bazar Branch), P.S.-
Shastri Nagar, P.O.- B.V. College, District- Patna (Bihar) At Present residing
at House Number- 107, Patliputra Colony, District- Patna, Pin Code- 800013
(Bihar).
... ... Petitioner/s
Versus
1. M/s Jagat Homes and Resort Private Limited A Company incorporated under
the Indian Companies Act, 1956, Having its registered office situated at
Room No.- 13, 1st Floor, Jagat Smriti, Opposite Shiv Mandir, Khajpura,
Bailey Road, Pin Code- 800014, Patna, Bihar (India).
2. Pran Nath Singh Son of Sri Jagat Narayan Sinha M/s Jagat Homes and
Resort Private Limited, Resident of Village- Murlichak, Khajpura, P.O.- B.V.
College, Patna- 800014 (Bihar).
3. Ms. Meera Ranjan Lal Wife of Shri Rajni Ranjan Lal Resident of F/147,
Shrikrishnapuri, P.S.- Shrikrishnapuri, P.O.- Patliputra, District- Patna,
Bihar.
4. Sri Amit Kumar Son of Sri Ashok Kumar Verma Resident of Buddha Marg,
P.O.- G.P.O., District- Patna, presently residing at 404, D- Block, Kaushalya
E-state, off Dak Bungalow Road, Patna, Bihar.
5. Sudhir Ranjan Son of Late Sri Ram Lakhan Prasad Resident of New Area,
Jakkanpur, P.S.- Jakkanpur, P.O.- G.P.O., District- Patna, Bihar.
6. Rahul Ranjan Son of Late Shri Ram Lakhan Prasad Resident of New Area,
P.O.- Jakkanpur, P.S.- Jakkanpur, District- Patna, Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sumeet Kumar Singh, Advocate
Mr. Nikhil Singh, Advocate
Mr. Kumar Avinash, Advocate
Mrs. Alka Singh, Advocate
Ms. Shatakshi Sahay, Advocate
For the Respondent/s : Mr. J.S.Arora, Sr. Advocate
Mr. Ravi Bhatia, 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
Patna High Court REQ. CASE No.55 of 2022 dt.17-05-2023
under Section 11(6) of the Arbitration and Conciliation Act,
1996.
3. Petitioner and the respondents entered into an
agreement dated 06.04.2015 (Annexure-1). The said agreement
contains an arbitration Clause-30 The petitioner invoked the said
arbitration clause vide legal notice dated 25.01.2022 (Annexure-P/5)
sent to all the respondents, 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 Ramesh Kumar
Datta, a former Judge of the Patna High Court, is appointed as
learned Arbitrator to adjudicate all disputes arising out of
Patna High Court REQ. CASE No.55 of 2022 dt.17-05-2023
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. 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 2015, 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
