M/S Prasad Construction And Com, v. The General Manager,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.561 of 2021 In REQUEST CASE No.95 of 2017 ====================================================== M/s Prasad Construction and Com, a partnership firm having office at Leela Mohan Niwas, Mohalla - Nai Sarai, P.O. Bihar Sharif, District- Nalanda through authorized signatory Sri Arun Kumar, Male, aged about 52 years son of Kashi Lal, resident of Leela Mohan Niwas, Mohalla - Nai Sarai, P.O. Bihar Sharif, District- Nalanda.

... ... Petitioner/s

Versus

1.

The General Manager, East Central Railway, Hajipur at and P.O. Hajipur, District- Vaishali.

2.

The Deputy Chief Engineer, (Con)-I, East Central Railway, Hazaribagh, District- Hazaribagh (Jharkhand).

3.

The F A and CAO, E.C. Railway, at Mahendrughat, P.O. and District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Anand Kumar, Advocate For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT ====================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) ======================================================= Date : 08-09-2021 Petitioner has prayed for the following relief(s):- "For modification of order dated 20.09.2019 passed in MJC No. 2930/2019 (Arising out of Request Case No. 95/2017) by the Hon'ble Chief Justice, whereby Hon'ble Justice Jyoti Saran (Retd.) has been appointed as a Sole Arbitrator due to sad and sudden demise of Hon'ble Mr. Justice Binod Kumar Roy

Patna High Court MJC No.561 of 2021 dt.08-09-2021 2/2 (Retc.) in order to complete the arbitral proceeding which has remained inclusive."

Petitioner seeks exemption of fee for the arbitral proceedings. Fee is necessarily to be paid to the learned Arbitrator who is now to adjudicate the disputes inter se the parties. As such, the present application only merits rejection. The learned Arbitrator shall be entitled to fee as per law. Petition stands dismissed.

Interlocutory Application(s), if any, stand disposed of. (Sanjay Karol, CJ) P.K.P./Amrendra AFR/NAFR CAV DATE Uploading Date 13.09.2021 Transmission Date