Patna High Court
S.P. Singla Constructions Pvt. Ltd vs Union Of India on 29 April, 2025
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.16 of 2021
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S.P. Singla Constructions Pvt. Ltd. A Company incorporated under the
provisions of the Companies Act, 1956 having Registered Office at 1006-
1007, Pearls Best Height 1, A-5, Netaji Subhash Place, Pitampura, New Delhi
110034 and Its Corporate Office at 47 Sector-9, Panchkula (Haryana) through
its Authorized Representative, Mr. A.K. Mirchandani, Male, aged 72 years
son of Shri Karamchand Lilaram Mirchandani, resident of House No. 109,
Sector 7, Panchkula, P.S. Sector 7, P.O. Sector 8, Panchkula, Haryana.
... ... Petitioner/s
Versus
1. Union of India Through Secretary, Ministry of Railways, having office at
Rail Bhawan, Rafi Marg, New Delhi- 110001.
2. Chief Engineer/Con/ GB, East Central Railway Hajipur, having office at
Mahendrughat, Patna- 800004.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Satyabir Bharti, Sr. Advocate
Mr. Anirudh Wadhwa, Advocate
Ms. Kanupriya, Advocate
Mr. Abhishek Anand, Advocate
For the Respondent/s : Mr. Dr. K. N. Singh, ASG
Mr. Alok Kumar, CGC
Mr. Amarjeet, JC to ASG
Mr. Shivaditya Dhari Sinha, JC to ASG
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
ORAL JUDGMENT
Date : 29-04-2025
A request petition had been filed by the
petitioner before this Court vide Request Case No. 16 of
2021, which was rejected vide judgment dated
Patna High Court REQ. CASE No.16 of 2021 dt.29-04-2025
2/6
15.12.2021.
2
. The parties had entered into a written
agreement for construction of sub-structure above well
cap & super structure of South approach Rail via-duct in
connection with Ganga Rail-cum-Road Bridge Project,
Patna dated 05.07.2010. The agreement contained
clause No. 63 for settlement of disputes.
3. A communication was made by the
petitioner to the General Manager, East Central Railway
specifying the claims and the nature of dispute between
the parties, which communication was not responded by
the railways.
4. This Court, vide judgment dated
15.12.2021, referred to above, found that the conditions
of clause 63 were not fulfilled. It was also noted that the
Supreme Court in Central Organisation for Railway
Electrification vs. ECI-SPIC-SMO-MCML (JV) :
(2020) 14 SCC 712 has clearly held that the procedure
for appointment in the CGC has to be followed and given
Patna High Court REQ. CASE No.16 of 2021 dt.29-04-2025
effect to by the parties, which, in the instant case, had not
been complied with.
5. The Court, therefore, was left with no
option but to reject the petition, but reserving the liberty
to the petitioner to take recourse to the procedure agreed
upon to be followed by the parties.
6. The order was subjected to challenge
before the Supreme Court in Civil Appeal No. 4752 of
2025. The Supreme Court, on taking note of the fact that
the respondent/railways had, during the proceedings
before the High Court under Section 11(6) of the
Arbitration and Conciliation Act, 1996, suggested a panel
of Officers for appointment of Arbitral Tribunal, signifying
that the respondents were agreeable for appointment of
an Arbitral Tribunal and that the Constitution Bench
judgment of the Supreme Court in Central
Organisation for Railway Electrification vs. ECI
SPIC SMO MCML (JV) A Joint Venture Co. : 2024
SCC OnLine SC 3219 ruled that though neither public
Patna High Court REQ. CASE No.16 of 2021 dt.29-04-2025
policy considerations under the Contract Act or the
Arbitration Act restrain the parties to the arbitration from
maintaining a panel of arbitrators in any manner, but the
arbitration agreements enabling one of the parties to
unilaterally to constitute Arbitral Tribunal may not inspire
confidence of independence and may violate the public
policy requirement of constituting an independent and
impartial tribunal, remanded the matter to this Court for
appointment of Arbitral Tribunal in terms of the decision
of the Constitution Bench, referred to above.
7. The parties have been heard.
8. The petitioner suggested his nominee, viz.,
Hon'ble Mr. Justice I.A. Ansari, former Chief Justice of
the Patna High Court.
9. The respondents did not suggest any
nominee and left it to the discretion of this Court.
10. As such, this Court appoints Hon'ble Mr.
Justice Chandramauli Kumar Prasad, a retired Supreme
Court Judge and Hon'ble Mr. Justice I.A. Ansari, former
Patna High Court REQ. CASE No.16 of 2021 dt.29-04-2025
Chief Justice of the Patna High Court, to be the two
Arbitrators, who shall appoint the third Arbitrator, who
shall act as the Presiding Arbitrator.
11. Be it noted that before the Supreme
Court, the objection raised on behalf of the respondents
on the issue of limitation and stale claim was not
entertained for the reason that during the proceedings
before the High Court, earlier, the panel of Arbitrators
were suggested by the respondents, suggesting that the
respondents were agreeable for arbitration.
12. Thus, all pleas and issues raised on merits
would be left open to be considered and decided by the
Arbitral Tribunal.
13. The Arbitrators shall be entitled to the fee
as per the schedule of the act.
14. Since the dispute arising out of the
agreement is an old one, the hearing be expedited.
15. The issue of limitation, if any, is also left
open to be raised before the Tribunal.
Patna High Court REQ. CASE No.16 of 2021 dt.29-04-2025
16. The Joint Registrar (List) is directed to
communicate this order to the learned Arbitrators, who
shall appoint the third Arbitrator as the Chairman of the
Tribunal.
17. The learned counsel for the parties have
also undertaken to communicate this order to the learned
two Arbitrators.
18. The request petition thus stands disposed
off on the above terms.
19. Interlocutory application/s, if any, also
stand disposed off accordingly.
(Ashutosh Kumar, ACJ)
Sauravkrsinha/
Krishna-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 01.05.2025
Transmission Date NA
