Patna High Court
Gargee Grand, Unit Of Gandhiv vs The State Of Bihar on 1 September, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No. 55 of 2023
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Gargee Grand, Unit of Gandhiv, Unit of Gandhiv, Builder and Engineers
Private Limited, Plot No. 825, Exhibition Road, Police Station-Gandhi
Maidan, Patna-800001 through its authorized representative namely Mr.
Arvind Kumar (Male), aged about 43 years, Son of years, Son of Sri Mathura
Singh, resident of W/S-5/56, Upper Police Chowki, Post Lohianagar, Police
Station-Kankerbagh, District-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of Tourism,
Government of Bihar, Patna.
2. The Principal Secretary, Department of Tourism, Government of Bihar,
Patna.
3. The Bihar State Tourism Development Corporation Limited, Patna, an
undertaking of Government of Bihar through its Managing Director.
4. The Managing Director, Bihar State Tourism Development Corporation
Limited, Birchand Patel Marg, Patna.
5. The Board of Directors, through the Managing Director, Bihar State Tourism
Development Corporation Limited, Birchand Patel Marg, Patna.
6. The General Manager, Bihar State Tourism Development Corporation
Limited, Birchand Patel Marg, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar, Advocate
For the Respondent/s : Ms. Anukriti Jaipuriyar, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date : 01-09-2023
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 respondent entered into an
agreement dated 17.10.2013 (Annexure-2). The said agreement
contains an arbitration clause as Clause-42. The petitioner invoked
Patna High Court REQ. CASE No. 55 of 2023 dt.01-09-2023
the said arbitration clause vide communication dated 06.03.2023
(Annexure-4) and notice dated 11.04.2023 (Annexure-5) for
appointment of an arbitrator, 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 Prabhat Kumar Jha, 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 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
Patna High Court REQ. CASE No. 55 of 2023 dt.01-09-2023
year 2013, 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)
Anushka/-
AFR/NAFR
CAV DATE
Uploading Date 05.09.2023
Transmission Date
