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Patna High Court
Jai Maa Saraswati Contractors Pvt. Ltd vs The State Of Bihar on 13 March, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.128 of 2024
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Jai Maa Saraswati Contractors Pvt. Ltd. shop No. 119/A 1 st Floor, Maharaja
Kameshwar Complex, Frazer Road, Patna- 800001, through its Managing
Director, Gautam Kumar, Male, Aged about 37, Son of Sri Dukhan Yadav,
Resident of Primohani, Chhathi Gali, P.S.- Gandhi Maidan, District-
Patna.800003
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Food and Consumer
Protection Department, Government of Bihar, Patna.
2. The Bihar State Food and Civil Supplies Corporation Ltd Sone Bhawan, 5th
Floor, Birchand Patel Path, Patna through its Managing Director.
3. The Chief Accounts Officer, Bihar State Food and Civil Supplies
Corporation Ltd. Patna.
4. The District Manager, Bihar State Food and Civil Supplies Corporation Ltd,
Patna
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mrs. Nivedita Nirvikar, Sr. Advocate
Mrs. Shashi Priya, Advocate
Mr. Arya Achint, Advocate
For the Respondent/s : Mr. Shailendra Kumar Singh, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date : 13-03-2026
This request case has been filed under Section 11(6)
of the Arbitration and Conciliation Act, 1996 (hereafter '1996
Act') by Jai Maa Saraswati Contractors Pvt. Ltd. with the prayer
for appointment of an arbitrator for adjudication of dispute
between the parties in accordance with the Arbitration
Agreement as contained in Clause 17 of the agreement dated
15.04.2015.
2
. It is the case of the petitioner that such agreement
Patna High Court REQ. CASE No.128 of 2024 dt.13-03-2026
was executed between the petitioner and Respondent No.4 for
entrusting the petitioner company as custodian and bailee during
transport only of such stock of foodgrains and other essential
commodities entrusted by the Respondent No. 4.
3. It is further case of the petitioner that the petitioner
company in pursuance of the said agreement discharged his
contractual obligation with full satisfaction. However, some
dispute arose between the parties. Petitioner submitted an
application dated 04.02.2016 requesting for payment of all the
transportation bills. Though the District Manager of Bihar State
Food and Civil Supplies Corporation Ltd., Patna sanctioned the
payment of transportation bill presented by the petitioner but he
made direction for deduction of some amount from the total bill
amount. The petitioner filed several representations before the
respondent for payment of transportation bill but no action was
taken by the respondent. Being aggrieved by the non-payment
of transportation bill, the petitioner filed writ petition before this
Court being C.W.J.C. No. 23122 of 2018. The said writ petition
was disposed of on 20.08.2019 giving liberty to the petitioner to
agitate the grievances in terms of Clause-17 of the agreement. It
is further case of the petitioner that the respondents have not
appointed sole arbitrator and left the aforesaid dispute
Patna High Court REQ. CASE No.128 of 2024 dt.13-03-2026
undecided till date.
4. The respondents failed to respond to the request of
the petitioner, and as such, the petitioner has filed this petition
for appointment of the arbitrator.
5. The learned counsel for the respondents has filed
counter affidavit wherein, in Paragraph Nos. 4 to 10 it is stated
as follows:
"4. That the present petition has been filed
by petitioner for appointment of sole
independent arbitrator under clause 17
of the Agreement dated 15.4.2015.
5. That the petitioner was selected and
appointed transport -cum- handling
Agent since 2015 and work order issued
dated 31.3.2015 as Annexure-1 to writ
petition.
6. That therefore the petitioner has executed
agreement on 15.4.2015 and contract
period was fixed three years from the
date of execution of agreement as clause
7. That as per allegation of black listing of
public food grain and violated the terms
and condition as clause 2(d) and 2(e) of
agreement and finally passed order by
dated 18.1.2016 as Annexure-5 to the
writ petition.
8. That the petitioner has accepted the
aforesaid order and last nine years has
not challenged or prayer before
Managing Director BSFC as per clause
17 of agreement.
9. That the petitioner has annexed
Patna High Court REQ. CASE No.128 of 2024 dt.13-03-2026
application dated 24.9.2019 as
Annexure- page 47 filed before
Managing Director BSFC, Patna.
10. That as per aforesaid facts and order the
present petition is not maintainable and
petitioner appeal is pending before the
competent authority of BSFC, Patna."
6. The learned counsel for the petitioner, on the other
hand, placed the agreement and more specifically clause 17 of
the agreement which, inter alia, states as follows:
"17. All disputes arising under or in
pursuance of this agreement between the
parties 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."
7. Having heard learned counsel for the parties, I find
that there is no legal impediment in the adjudication of dispute
by the arbitrator more particularly when the dispute arises out of
the agreement which is being civil in nature and the petitioner
Patna High Court REQ. CASE No.128 of 2024 dt.13-03-2026
having exhausted the channel available for resolution of the
dispute.
8. In view of such finding as arrived at and on
consensus of both the learned counsel for the parties, Hon'ble
Mr. Justice Samarendra Pratap Singh, former Judge of this
Court, is appointed as learned Arbitrator to adjudicate all
disputes arising out of agreement entered into between the
parties to the lis.
9. All the pleas and issues raised, on merits, are left
open to be considered and decided by the learned Arbitrator.
10. The learned Arbitrator shall be entitled to fee as
per the Schedule of the Act.
11. Since the dispute arises out of an agreement of
the year 2015, the hearing be expedited.
Parties undertake to fully cooperate and not to take
any unnecessary adjournment.
The issue of limitation, if any, is left open to be
raised before the learned Arbitrator.
12. Joint Registrar (List) is directed to communicate
the order to the learned Arbitrator.
13. Learned counsel for the parties also undertake to
communicate the order to the learned Arbitrator.
Patna High Court REQ. CASE No.128 of 2024 dt.13-03-2026
14. The Arbitral Tribunal shall issue notice to the
parties.
15. The Request Petition stands disposed of in the
above terms.
16. Interlocutory Application(s), if any, shall stand
disposed of.
(Sangam Kumar Sahoo, CJ)
P.K.P./-
AFR/NAFR
CAV DATE
Uploading Date 16.03.2026
Transmission Date
