Patna High Court
M/S R.S. Construction Company, Having ... 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.75 of 2024
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M/s R.S. Construction Company, having its registered office at, 988/7, Patiala
Chowk Jind - 126102 (Haryana) Represented by Shri Vijay Chilana as
Partner.
... ... Petitioner/s
Versus
1. The Union of India through Chairman, Railway Board, Delhi.
2. The East Central Railway, through its General Manager, Hajipur.
3. The General Manager, East Central Railway, Hajipur.
4. The Divisional Railway Manager, Sonpur Division, East Central Railway
Sonpur.
5. Senior Divisional Engineer-I, Sonpur Division, East Central Railway,
Sonpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Agreya Pratap, Advocate
For the Respondent/s : 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
By order dated 06.12.2024, Hon'ble Mr. Justice
Vineet Saran, a former Judge of the Hon'ble Supreme Court
was appointed as an Arbitrator to adjudicate all disputes
arising out of agreement entered into between the parties to
the lis.
2. The learned Advocates for the parties have
informed this Court that Hon'ble Mr. Justice Vineet Saran
has recused himself because of some personal difficulty in
arbitrating the issues between the parties. A request,
Patna High Court REQ. CASE No.75 of 2024 dt.18-04-2025
therefore, has been made jointly for naming another
Arbitrator.
3. A consensus name has been suggested to this
Court for appointing Hon'ble Mr. Justice Prabhat Kumar
Jha, a former Judge of this Court as the learned Arbitrator.
4. As such Hon'ble Mr. Justice Prabhat Kumar
Jha, a former Judge of this Court, is appointed as the
learned Arbitrator to adjudicate all disputes arising out of
agreement between the parties.
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 an agreement of
the year 2022, 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.
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
Patna High Court REQ. CASE No.75 of 2024 dt.18-04-2025
Arbitrator.
9. The Arbitral Tribunal shall issue notice to the
parties.
10. The Petition thus stands disposed off
accordingly.
(Ashutosh Kumar, ACJ)
Sujit/Saurav
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 21.04.2025
Transmission Date NA
