Patna High Court
Shri Ajit Kumar vs M/S Dev Deva Automobiles Private ... on 19 January, 2024
Author: Chief Justice
Bench: Chief Justice
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.116 of 2022
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Shri Ajit Kumar Son of Late Sh. Haridwar Sharma Resident of Anantkala
Complex, NH- 31, Bye-pass Road, Near Mangala Asthan, Biharsharif,
Nalanda, Bihar- 803101.
... ... Petitioner/s
Versus
1. M/s Dev Deva Automobiles Private Limited, A Company incorporated under
provisions of the Companies Act, represented by Shri Nilesh Kumar Pandey,
in the capacity of Director having its registered office at Anantkala
Complex, NH 31, Bye-pass Road, Near Mangala Asthan, Biharsharif,
Nalanda, Bihar- 803101 having its e-mail ID- prasadandsantoshaliasgmail.
com.
2. Shri Nilesh Kumar Pandey, Son of Shri Dinesh Chandra Pandey Resident of
A-1, Srikrishnapuri, P.O.- Deoghar, District- B Deoghar, Jharkhand- 514112.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Vaibhava Veer Shanker, Advocate
For the Respondent/s : Mr. Manoj Kumar Ambastha, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date : 19-01-2024
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 a lease
agreement dated 21.03.2014 (Annexure-P/1) and agreement dated
05.12.2017
, (Annexure-P/2). The said lease agreement contains an
arbitration clause as Clause-36 and the agreement contains arbitration
clause as Clause-31. The petitioner invoked the said arbitration
Patna High Court REQ. CASE No.116 of 2022 dt.19-01-2024
clause vide communication dated 04.07.2022 (Annexure-P/23) 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 Dinesh Kumar
Singh, 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.
Patna High Court REQ. CASE No.116 of 2022 dt.19-01-2024
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 Request Petition stands disposed of in the
above terms.
(K. Vinod Chandran, CJ)
aditya/-
AFR/NAFR
CAV DATE
Uploading Date 19.01.2024.
Transmission Date
