Patna High Court
M/S Suresh Prasad Singh vs The Union Of India on 5 January, 2024
Author: Chief Justice
Bench: Chief Justice
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.44 of 2023
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M/S Suresh Prasad Singh through its Proprietor, Suresh Prasad Singh (Male,)
aged about- 67 years, son of Late Sarju Singh resident of Shanti Kunj,
Magadh Colony, Road No-3, Gaya, District- Gaya, Bihar.
... ... Petitioner/s
Versus
1. The Union of India through the Chief Engineer, Jabalpur Zone, MES, Ridge
Road, Jabalpur-482001 (M.P.)
2. The Engineer-in-Chief's Branch, Military Engineer Services (M.E.S.),
Directorate of Contract Management, E8, Kashmir House, Rajaji Marg, New
Delhi- 110011.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harsh Vardhan, Advocate
For the Respondent/s : Dr. K. N. Singh, Additional Solicitor General
For the UOI : Mr. Kumar Priya Ranjan, CGC
Mr. Sandeep Kumar, Advocate
Ms. Nirmala Singh, Advocate
Mr. Girish Nandan Abhishek, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date : 05-01-2024
Heard learned counsel for the parties.
2. The only submission of the learned counsel for the
respondents is that the matter is grossly delayed. However, the
learned counsel for the petitioner submits that it can be demonstrated
on facts that there is no delay occasioned. In any event, since an
arbitration is sought, this question also would be considered in the
arbitration, to which both the parties do not have any dispute.
3. 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.44 of 2023 dt.05-01-2024
2/3
4 Petitioner and the respondent entered into an
agreement dated 19.07.2007 (Annexure-3 series). The petitioner
invoked the arbitration clause 70 vide communication dated
11.04.2022
(Annexure-12) and 24.05.2022 (Annexure-13) for
appointment of an arbitrator, but to no avail.
5. It is pleaded that the respondents have not settled the
dispute till date and the dispute is civil in nature.
6. 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.
7. As such, Hon'ble Dr. Justice Ravi Ranjan, 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.
8. All pleas and issues raised, on merits, are left open to
be considered and decided by the learned Arbitrator.
9. The learned Arbitrator shall be entitled to fee as per
Patna High Court REQ. CASE No.44 of 2023 dt.05-01-2024
the schedule of the Act.
10. Since the dispute arises out of an agreement of the
year 2007, the hearing be expedited.
11. The issue of limitation, if any, is left open to be
raised before the Arbitral Tribunal.
12. Joint Registrar (List) is directed to communicate the
order to the learned Arbitrator.
13. Learned counsel for the parties also undertake to
communicate the order to the learned Arbitrator.
14. The Arbitral Tribunal shall issue notice to the
respondents.
15. The Request Petition stands disposed of in the
above terms.
(K. Vinod Chandran, CJ)
sharun/-
AFR/NAFR NAFR
CAV DATE
Uploading Date 08.01.2024
Transmission Date
