Patna High Court
Deo Kumar 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.108 of 2024
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Deo Kumar son of Ram Naresh Singh Resident of Kurkuri, Post Office-
Phulwarisarif, Police Station- Phulwarisarif, District- Patna
... ... Petitioner/s
Versus
1. The Union of India through, Chairman, Railway Board, New Delhi.
2. The General Manager, East Central Railway, Hazipur, Vaishali, Bihar.
3. The Divisional Railway Manager, East Central Railway, Danapur, Patna.
4. The Senior Divisional Engineer-1, East Central Railway, Samastipur
Division, Samastipur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Prasoon Kumar, Advocate
For the Respondent UOI : Mr. Kumar Gangesh Gunjan, CGC
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
ORAL JUDGMENT
Date : 18-04-2025
Heard Mr. Prasoon Kumar, the learned counsel for
the petitioner and Mr. Kumar Gangesh Gunjan, 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.
3. The Petitioner and the respondents entered into
an agreement dated 06.01.2022. In the said agreement
Patna High Court REQ. CASE No.108 of 2024 dt.18-04-2025
the General Condition of Contract contains an arbitration
clause as Clause-64. The petitioner's firms invoked the
arbitration clause by sending a notice under Section 11 of
the Arbitration and Conciliation Act, 1996 for
appointment of an Arbitrator on 02.12.2022 (Annexure-
P3 ), 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
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
Patna High Court REQ. CASE No.108 of 2024 dt.18-04-2025
to appoint an Arbitrator pursuant to the invocation of the
arbitration clause by the petitioner.
6. As such, Mr. D. K. Sharma, a former learned
District & Sessions Judge 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
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.108 of 2024 dt.18-04-2025
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
