Patna High Court
M/S Vivek Transport Agency Through ... vs The Managing Director, Bihar State Food ... on 13 October, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.125 of 2024
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M/s Vivek Transport Agency through Kumar Vivek, Male, aged about- 39
Yrs. Son of Anil Kumar, resident of Near Murgi Farm, Bich Bazar Saraiya,
P.S.- Nalanda, District- Nalanda.
... ... Petitioner/s
Versus
1. The Managing Director, Bihar State Food Civil Supply Corporation through
the Managing Director Khadya Bhawan, R. Block, Daroga Prasad Rai Path,
Road No.- 2, Patna- 800001.
2. The District Manager, State Food Corporation, Vaishali.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Deepak Sahay Jamuar, Advocate
For the Respondent/s : Mr. Shailendra Kumar Singh, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date : 13-10-2025
The present application is filed under Section 11 (6) of
the Arbitration and Conciliation Act, 1996 (hereinafter referred to
as 'the Act, 1996') seeking appointment of Arbitrator to adjudicate
the disputes that have arisen among the parties under the
agreement dated 11.08.2016.
2. Brief facts of the case is that the petitioner and
respondents entered into an agreement / contract on 11.08.2016.
The agreement contains an Arbitration Clause namely Clause 21 of
the Notice Inviting Tender which reads as under :
"21. All disputes arising under or in
pursuance of this agreement between the parties,
Patna High Court REQ. CASE No.125 of 2024 dt.13-10-2025
except matters decision of which herein expressly
is otherwise provided, shall be referred to sole
arbitration of the C.M.D/ Managing Director of
the Bihar State Food & Civil Supplies
Corporation Ltd. Patna or a person nominated by
the C.M.D./ Managing Director decision of such
arbitrator shall be final and binding on both the
parties. The provisions of the Arbitration and
Conciliation Act, 1996 and rules framed
thereunder and statutory modifications thereof
shall apply to the proceedings of arbitration and
all such disputes shall be subject to the
jurisdiction of courts at Patna. "
3. Dispute arises among the parties in respect of
partnership. The petitioner invoked arbitration while issuing notice
to the respondents on 08.08.2024 calling upon the respondents to
concur in appointment of Arbitrator. Despite service of notice, the
respondents have failed to act in terms of the arbitration Clause.
Learned counsel for the petitioner submits that the arbitration
agreement exists and is valid, but the respondents have failed to
co-operate in appointment of Arbitrator.
4. Considering the fact that whether valid arbitration
agreement among the parties and whether disputes have arisen
thereon warranting reference to arbitration, it is admitted that there
is agreement and so also valid Clause 21 and it relates to
arbitration and it is binding among the respective parties. Disputes
Patna High Court REQ. CASE No.125 of 2024 dt.13-10-2025
have admittedly arisen among the parties. The respondents have
failed to act as required for constitution of arbitral tribunal. In view
of the law laid down by the Hon'ble Supreme Court in the case of
Duro Felguera, S.A. vs. Gangavaram Port Limited reported in
(2017) 9 SCC 729 and Mayavati Trading Private Limited vs.
Praduyat Deb Burman reported in (2019) 8 SCC 714, the Court,
at this stage, is only required to examine the existence of the
arbitration agreement and nothing beyond.
5. Perusal of the agreement, it is evident that Clause 21
is crystal clear that there is Arbitration Clause existing.
Accordingly, this court is satisfied with the requirement of Section
11 of the Act, 1996 and petitioner has made out a case, therefore,
this Court appoints Mr. Justice Prabhat Kumar Jha, Former Judge
of Patna High Court, Resident of South of Pillar No. 2 of Railway
Over Bridge, Bailey Road, Adjacent to South of Bihar Neeuro
Diagnostic Centre, Rukanpura, P.S. - Rupaspur, Patna - 801503 as
the sole arbitrator to adjudicate the dispute among the parties. The
Learned Arbitrator shall make disclosure under Section 12 of the
Act, 1996 before entering upon the reference. Fees of the
Arbitrator shall be governed by the Fourth Schedule of the Act,
1996 (unless otherwise agreed by the parties / arbitrator). The
present case is accordingly allowed in the above terms.
Patna High Court REQ. CASE No.125 of 2024 dt.13-10-2025
6. No order as to costs.
7. Registry is hereby directed to communicate the order
to the learned Arbitrator.
(P. B. Bajanthri, CJ)
GAURAV S./-
AFR/NAFR
CAV DATE
Uploading Date 15.10.2025
Transmission Date
