Patna High Court
Lord Vishnu Constructions Private ... vs The Union Of India on 18 April, 2025
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.112 of 2024
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Lord Vishnu Constructions Private Limited having its registered Office at
102A, Lotus Apartment, New Patliputra Colony, Patna. (Bihar), PIn-800013
through its Director/Authorized Representative Ramakant Singh, aged about-
70 Years, Gender-Male, Son of Late Ram Khelawan Singh, Resident of New
Godown, Mararani Road, P.S.-Kotwali, District and Town-Gaya.
... ... Petitioner/s
Versus
1. The Union of India through the General Manage, East Central Railway
Having its Office at Mahendru Ghat, 1st Floor, Patna-800004.
2. The Sr, DEN-II (Senior Divisional Engineer-II), East Central Railway, DRM
Building, 2nd Floor, Pt. Dindayal Upadhyay Nagar, District-Chandauli,
Uttar Pradesh, PIn-232101.
3. The Assistant Divisional Engineer, East Central Railway, Gaya.
4. The Senior Section Engineer (SSE)/Works, East Central Railway, Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Lal Babu Singh, Advocate
For the Respondent UOI : Dr. K. N. Singh, ASG
Mr. Alok Kumar CGC
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
ORAL JUDGMENT
Date : 18-04-2025
Heard Mr. Lal Babu Singh, the learned counsel for
the petitioner and Dr. K. N. Singh, the learned counsel for
the Union of India.
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.
Patna High Court REQ. CASE No.112 of 2024 dt.18-04-2025
2/4
3. The Petitioner and the respondents entered into
an agreement dated 19.01.2022. In the said agreement
the General Condition of Contract in Part II contains
provision for arbitration at Clause-64. The petitioner
invoked the said arbitration clause vide communication
dated 23.09.2023, 25.10.2023, 13.12.2023,
15.04.2024
, 01.05.2024, 20.07.2024, 29.07.2024,
(Annexure-P6 series) 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
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 therefrom; (d) the
dispute arising out of the agreement therefrom; (d) they
being civil in nature; (e) no legal impediment in the
Patna High Court REQ. CASE No.112 of 2024 dt.18-04-2025
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 Navin Sinha, a
retired Judge of the Hon'ble Supreme Court (Address: C-
19, Cedar Crest Nirwana Country, Sector-50, South City-
2, Gurgaon-122018) is appointed as the learned
Arbitrator to adjudicate all disputes arising out of the
agreement entered into between the parties to the lis.
7. All the 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 2022 the hearing be expedited.
10. The issue of limitation, if any, is left open to
Patna High Court REQ. CASE No.112 of 2024 dt.18-04-2025
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
parties.
14. The Request Petition stands disposed off in the
above terms.
(Ashutosh Kumar, ACJ)
Manoj/Praveen-II
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 21.04.2025
Transmission Date NA
