Patna High Court
Multi Engineering And Scientific ... vs General Manager, East Central Railway on 18 April, 2025
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.57 of 2024
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Multi Engineering and Scientific Corporation a Registered partnership firm
having its work office at Katari Hill Road, P.S. Rampur, District Gaya
823001, through its Partner Pradeep Kumar, S/o Late Gopal Prasad, aged
about 68 years, Gender Male, Resident of Katari Hill Road, P.O. Gaya Town,
P.S. Rampur District Gaya, Pin Code 823001.
... ... Petitioner/s
Versus
1. General Manager, East Central Railway GM office Road, Hajipur, P.S. Sadar
Thana, District Vaishali, Pin Code 844101, Bihar, India.
2. Chief Bridge Engineer, East Central Railway, GM office Road, Hajipur, P.S.
Sadar Thana, District Vaishali, Pin Code 844101, Bihar, India.
3. Divisional Railway Manager, East Central Railway, Dhanbad Division,
DRM Office Campus, P.S. Dhanbad Thana, District Dhanbad, Pin Code
826001, Jharkhand, India.
4. Deputy Chief Engineer/BRL, East Central Railway, GM office Road,
Hajipur, P.S. Sadar Thana, District Vaishali, Pin Code 844101, Bihar, India.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Nazir Alam, Advocate
For the Respondent/s : Mr.Ram Tujabh Singh, CGC
Mr. Radhika Raman, Sr. CGC
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
ORAL JUDGMENT
Date : 18-04-2025
Heard Mr. Nazir Alam, the learned Counsel for the
petitioner and Mr. Ram Tujabh Singh, the learned Counsel
for the respondents/Railway.
2. The petitioner has invoked the jurisdiction of
this Court under Section 11(6) of the Arbitration and
Conciliation Act, 1996 for appointment of an arbitrator for
adjudication of the dispute arising out of the contract
Patna High Court REQ. CASE No.57 of 2024 dt.18-04-2025
between the parties. There is existence of arbitration
agreement in Clause 64.(1)(i) of the Standard General
Conditions of Contract, to which the parties are signatories.
3. The learned Counsel for the respondents has
submitted that one Mr. Raghvendra Kumar Singh be made
Arbitrator, to which suggestion the petitioner is not
agreeable, who is of the view that considering the issues
involved in the matter, a retired Judge of the Hon'ble
Supreme Court be appointed as an Arbitrator.
4. As such, Hon'ble Mr. Justice S. J.
Mukhopadhaya, a former Judge of the Hon'ble Supreme
Court, is appointed as learned Arbitrator to adjudicate all
disputes arising out of the contract between the parties to
the lis.
5. All pleas and issues raised, on merits, are left
open to be considered and decided by the learned Arbitrator.
He shall be entitled to fee as per the schedule of the Act.
6. Since the dispute arises out of a contract of the
year 2020, it is expected that the hearing of the issues shall
be expedited. If there is any issue arising out of limitation, it
is also left open for the Arbitral Tribunal to decide.
Patna High Court REQ. CASE No.57 of 2024 dt.18-04-2025
7. The Joint Registrar (List) would communicate
the order to the learned Arbitrator.
8. The learned counsel for the parties also
undertake to communicate the order to the learned
Arbitrator.
9. The Arbitral Tribunal shall issue notice to the
parties.
10. The Petition stands disposed off accordingly.
(Ashutosh Kumar, ACJ)
Sujit/Saurav
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 21.04.2025
Transmission Date NA
