Surya Alloy Industries Limited vs The Union Of India
2023 Latest Caselaw 5169 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                            REQUEST CASE No.29 of 2023
     ======================================================

Surya Alloy Industries Limited, a Company incorporated under the Companies Act, 1956, represented through its Company Secretary, having its registered Office at 1/1, Camac Street, 3rd Floor, Kolkata 700016, through its authorized signatory Gauranga Das, aged about 49 years, Male, son of Late Indramohan Das resident of Badhagachi (CT) South, P.O. Guptipara, P.S. Balagarh, District Hooghly (West Bangal).

... ... Petitioner/s Versus

1. The Union of India, through the Secretary, Ministry of Railways, having office at Rail Bhawan, Raisina Road, New Delhi.

2. The Principal Chief Material Manager, at 1st floor, Stores Branch, Administrative Building, Rail Wheel Plant, Bela, P.O. Arvindnagar, District Saran, Bihar.

3. Deputy Chief Material Manager-II, Office of the Principal Chief Material Manager, 1st Floor, Stores Branch, Administrative Building, Rail Wheel Plant, Bela, P.O. Arvindnagar, District Saran, Bihar.

4. The Assistant Material Manager, (Depot), Office of the Principal Chief Material Manager, working for gain at 1st floor, Stores Branch, Administrative Building, Rail Sheet Plant, Bela, P.O. Arvindnagar, District Saran, Bihar.

5. Eastern Railway Service through the General Manager, working for gain at 17, Netaji Subhash Road, Fairlie Place, Kolkata 700001.

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

For the Petitioner/s : Mr.Prabhat Ranjan, Advocate For the Respondent/s : Dr. K.N. Singh, Additional Solicitor General Mr. Anshuman Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 07-10-2023

The Request Case has been filed challenging the

appointment of an Arbitrator at Annexure-12. Learned counsel

for the petitioner submits that in view of the subsequent

amendments made to the Arbitration & Conciliation Act, 1996

there can be no Arbitrator appointed who has some interest in Patna High Court REQ. CASE No.29 of 2023 dt.07-10-2023

the issue. Here a retired official of the Railways is appointed as

an Arbitrator and there is no waiver on the part of the petitioner.

2. If the petitioner is aggrieved with the appointment

of an Arbitrator at Annexure-12, he should approach the Writ

Court and not file a further request petition.

3. Leaving open such remedy with just exceptions, the

request case is disposed of.

(K. Vinod Chandran, CJ) P.K.P./-

AFR/NAFR
CAV DATE
Uploading Date          10.10.2023
Transmission Date