Patna High Court
Delco Infrastructure Projects Limited vs The Bihar State Education ... on 12 January, 2024
Author: Chief Justice
Bench: Chief Justice
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.70 of 2023
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Delco Infrastructure Projects Limited, Registered office-158, Pocket 1,
Dwarka Sector 9, Dwarka, New Delhi, 110077, through its Authorized
Signatory Vishwajeet Kumar Singh, aged about 39 years, Male, Son of Hare
Ram Singh, Flat No.-158, DDA Flats, Pocket-1, Opposite Siksha Bharati
School, Sector-9, Dwarka, Amberhi, South, West Delhi-110075.
... ... Petitioner/s
Versus
1. The Bihar State Education Infrastructure Development Corporation Limited,
Shiksha Bhawan, Bihar Rashtra Bhasha Parishad, Acharya Shivpujan Sahay
Patna Saidpur, Patna- 800004 through its Managing Director.
2. The Managing Director, Bihar State Education Infrastructure Development
Corporation Limited, Shiksha Bhawan, Bihar Rashtra Bhasha Parishad,
Acharya Shivpujan Sahay Patna Saidpur, Patna- 800004.
3. The Chief Engineer, Bihar State Education Infrastructure Development
Corporation Limited, Shiksha Bhawan, Bihar Rashtra Bhasha Parishad,
Acharya Shivpujan Sahay Patha Saidpur, Patna- 800004.
4. The Chief Consultant (Technical), Bihar State Education Infrastructure
Development Corporation Limited, Patna.
5. The Superintending Engineer, Bihar State Education Infrastructure
Development Corporation Limited, Kosi Division, Saharsa.
6. The Executive Engineer, Bihar State Education Infrastructure Development
Corporation Limited, Kosi Division, Saharsa.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Vikas Kumar, Advocate
For the Respondent/s : Mr. Girijish Kumar, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date : 12-01-2024
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
Patna High Court REQ. CASE No.70 of 2023 dt.12-01-2024
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agreement dated 19.08.2013 (Annexure-1). The said agreement
contains an arbitration clause as Clause-25. The petitioner invoked
the said arbitration clause vide communication dated 01.10.2016,
31.03.2017
, 19.05.2017, 28.04.2023, 24.05.2023, 05.06.2023
(Annexures-2, 3, 8 and 9) 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 Shyam Kishore
Sharma, 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.
Patna High Court REQ. CASE No.70 of 2023 dt.12-01-2024
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 2016, 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 question of limitation is kept open and the
learned Arbitrator shall consider it.
15. The Request Petition stands disposed of in the
above terms.
(K. Vinod Chandran, CJ)
aditya/-
AFR/NAFR
CAV DATE
Uploading Date 15.01.2024.
Transmission Date
