Patna High Court
M/S S.S. Construction vs The State Of Bihar on 13 October, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.40 of 2023
======================================================
M/S S.S. Construction, Balbhadrapur, Laheriasarai, Darbhanga through its
Proprietor Shyam Kishore Rai, aged about 63 years, Gender-Male, son of
Late Jagdev Rai, Resident of S.S. Villa, Balbhadrapur, Laheriasarai, P.S.
Laheriasarai, District-Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar, through its Principal Secretary, Department of Rural
Works Department, Government of Bihar, Patna.
2. The Engineer-in-Chief, Rural Works Department, Government of Bihar,
Patna.
3. The Superintending Engineer, Rural Works Circle, Darbhanga.
4. The Executive Engineer, Rural Works Department, Works Sub-Division,
Jhanjharpur, District-Darbhanga.
5. The Assistant Engineer, Rural Works Department, Works Sub-Division,
Jhanjharpur, District-Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dudh Nath Singh, Advocate
For the Respondent/s : Mr.Ajay (GA- 5)
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date : 13-10-2023
1. 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 respondent entered into an
agreement dated 02.05.2007 (Annexure-1). The said agreement
Patna High Court REQ. CASE No.40 of 2023 dt.13-10-2023
contains an arbitration clause as Clause-25. The petitioner filed
representation before the Executive Engineer, Jhanjharpur vide
Annexure-3. Thereafter the petitioner also filed representation
before the Executive Engineer, Rural Work Department, Work
Division Darbhanga on 05.08.2008 (Annexure-4). However, the
said representations of the petitioner did not yield any fruit.
4. It is pleaded that the respondents have not settled
the dispute till date and the dispute is of civil in nature.
5. Learned counsel appearing for the respondents
specifically points out to Clause 25 of the agreement which
requires that the disputes or differences shall be referred for
adjudication through arbitrator appointed by Engineer-in-Chief
or the administrative head of the said P.W.D.
6. As of now, Section 12(5) of the Arbitration &
Conciliation Act, 1996 prohibits the appointment of an officer of
one of the parties. In such circumstances, the objection is not
well founded.
7. 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
Patna High Court REQ. CASE No.40 of 2023 dt.13-10-2023
agreement being civil in nature; (e) no legal impediment in the
adjudication of the dispute by the learned Arbitrator; (f) the
respondents having failed to settle the dispute.
8. In such circumstances, as agreed by the parties,
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 the agreement entered into
between the parties to the lis.
9. All pleas and issues raised, on merits, are left open
to be considered and decided by the learned Arbitrator.
10. The learned Arbitrator shall be entitled to fee as
per the schedule of the Act.
11. Since the dispute arises out of an agreement of
the year 2007, the hearing be expedited.
12. The issue of limitation, if any, is left open to be
raised before the Arbitral Tribunal.
13. Joint Registrar (List) is directed to
communicate the judgment to the learned Arbitrator.
14. Learned counsel for the parties also undertake
to communicate the judgment to the learned Arbitrator.
15. The Arbitral Tribunal shall issue notice to the
respondents.
Patna High Court REQ. CASE No.40 of 2023 dt.13-10-2023
16. The Request Petition stands disposed of in the
above terms.
(K. Vinod Chandran, CJ)
P.K.P./-
AFR/NAFR
CAV DATE
Uploading Date 16.10.2023
Transmission Date
