Patna High Court
Kundan Kumar vs The Bihar State Food And Civil Supplies ... on 2 May, 2025
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.116 of 2024
======================================================
Kundan Kumar Son of Late Chandra Bhushan Prasad Singh, Resident of
Village- Saidi, Post Office- Badi, Police Station- Katrisarai, District- Nalanda.
... ... Petitioner/s
Versus
1. The Bihar State Food and Civil Supplies Corporation Limited, Khadya
Bhawan, Daroga Prasad Path, R-Block, Road No.- 2, Patna - 800001,
through its Managing Director.
2. The Managing Director, The Bihar State Food and Civil Supplies
Corporation Limited, Khadya Bhawan, Daroga Prasad Path, R-Block, Road
No.- 2, Patna - 800001.
3. The District Manager, Bihar State Food and Civil Supplies Corporation
Limited, Lakhisarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Prakash, Advocate
For the Respondent/s : Mr. Shailendra Kumar Singh, Advocate
======================================================
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.116 of 2024 dt.02-05-2025
2/4
3. The petitioner and the respondents entered
into an agreement dated 02.11.2015. The said
agreement contains an arbitration clause as Clause 17.
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
24.08.2024
(Annexure- P/2), 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.116 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, Hon'ble Mr. Justice Samarendra
Pratap Singh, former Judge of the Patna High Court 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 2015, 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.
Patna High Court REQ. CASE No.116 of 2024 dt.02-05-2025
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)
Sauravkrsinha/
Praveen-II-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 03.05.2025
Transmission Date NA
