Smt. Shashi Bala Singh vs Branch Manager
2024 Latest Caselaw 103 Patna

Patna High Court

Smt. Shashi Bala Singh vs Branch Manager on 5 January, 2024

Author: Chief Justice

Bench: Chief Justice

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                         REQUEST CASE No.65 of 2023
     ======================================================
     Smt. Shashi Bala Singh Wife of Late Achint Kumar, Residing at- Narayan
     Niketan Road No. 13A Rajendra Nagar Distt. Patna, 800013.

                                                      ... ... Petitioner/s
                                   Versus
1.   Branch Manager, SBI General Insurance Company Limited at 1, Mal
     Dakbunglow Chauraha Patna 800001.
2.   SBI General Insurance Company Limited At Nattraj- 101, 102 and 301,
     Junction of western Express Highway and Andheri Kurla Road, Andheri
     (est) Mumbai-400069.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s    :        Mr. Jitendra Kumar, Advocate
     For the Respondent/s    :        Mr. Prabhakar Nath Rai, Advocate
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
     ORAL JUDGMENT

Date : 05-01-2024

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 17.07.2017 (Annexure-P5). The petitioner invoked

the arbitration clause 24 vide communication dated 22.04.2023

(Annexure-1) and 09.06.2023 (Annexure-3) 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 civil in nature.

5. Today, there is no dispute about-(a) the legality,

validity and binding effect of the written agreement entered into Patna High Court REQ. CASE No.65 of 2023 dt.05-01-2024

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 Navaniti Prasad Singh, a

former Judge of the Patna High Court and former Chief Justice of the

High Court of Kerala, 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 year

2017, 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.

Patna High Court REQ. CASE No.65 of 2023 dt.05-01-2024

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) sharun/-

AFR/NAFR                NAFR
CAV DATE
Uploading Date          08.01.2024
Transmission Date