M/S Johnson Lift Pvt. Ltd. v. M/S Arcon Projects Pvt. Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

REQUEST CASE No.27 of 2023 ====================================================== M/s Johnson Lift Pvt. Ltd. Having its Branch Office at - Backside of IGIMS Hospitalm A G Colony Park, 90 Feet Road, P.S.- Shastri Nagar, Patna. Through its representative Kumar Rahul, Aged about 34 years, Male, Son of Umesh Prasad Singh, Resident of Village- Sahtha, P.S.- Bhagwanpur, DistrictVaishali, Bihar. ... ... Petitioner/s

Versus

M/s Arcon Projects Pvt. Ltd. Having its Branch Office at Ground Floor, Lalita Residency, Near Baba Lodge, Sri Krishna Nagar, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brisketu Sharan Pandey, Advocate For the Respondent/s :

Mr. Rakesh Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 08-09-2023 Heard 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.

3. Petitioner and the respondent entered into an agreement dated 22.11.2014 (Annexure-P/1). The petitioner invoked the arbitration clause vide communication dated 21.07.2022 (Annexure-P/12) for appointment of an arbitrator, but to no avail.

4. It is pleaded that the respondents have not settled the dispute till date and the dispute is of civil in 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

Patna High Court REQ. CASE No.27 of 2023 dt.08-09-2023 2/3 contained therein; (c) the existence of dispute(s) arising there from; (d) the dispute arising out of the agreement 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 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 Jyoti Saran, a former Judge of the Patna High Court, is appointed as learned Arbitrator to adjudicate all disputes arising out of agreement entered into between the parties to the lis.

7. All 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 2014, 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 undertake to communicate the order to the learned Arbitrator.

13. The Arbitral Tribunal shall issue notice to the

Patna High Court REQ. CASE No.27 of 2023 dt.08-09-2023 3/3 respondents.

14. The Request Petition stands disposed of in the above terms.

(K. Vinod Chandran, CJ) sharun/- AFR/NAFR NAFR CAV DATE Uploading Date 13.09.2023 Transmission Date