Patna High Court
Krishna Dev Mishra vs The State Of Bihar Through The Principal ... on 2 May, 2025
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.111 of 2024
======================================================
Krishna Dev Mishra S/o Baidyanath Mishra Address- Santnagar, Gangjala,
Ward No. 35, Saharsa, Bihar-852201.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Information Technology, Government of Bihar, Patna.
2. Department of Information Technology, Government of Bihar, through The
Principal Secretary.
3. Mr. Navin Kumar, Senior Consultant, Department of Information
Technology, Govt. of Bihar.
4. District Skill Manager, Bihar Skill Development Mission, Khagaria.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar Mallick, Advocate
For the Respondent/s : Mr. Advocate General
======================================================
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
ORAL JUDGMENT
Date : 02-05-2025
Heard the learned counsel for the parties.
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.111 of 2024 dt.02-05-2025
2/4
3. The petitioner and the respondents entered
into an agreement dated 17.02.2022. The said
agreement contains an arbitration clause as Clause 24.
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
10.06.2024
(Annexures- 6 and 7), 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
Patna High Court REQ. CASE No.111 of 2024 dt.02-05-2025
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, Mr. Siddhartha Prasad, the learned
Advocate 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
Patna High Court REQ. CASE No.111 of 2024 dt.02-05-2025
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)
Sauravkrsinha/
Praveen-II -
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 03.05.2025
Transmission Date NA
