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Patna High CourtREQ. CASE/170/2018disposed

Nand Kishore Kapri v. The Bihar State Food And Civil Supplies Corporation Ltd.

2019-03-08The Chief Justice-2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

REQUEST CASE No.170 of 2018 ====================================================== Nand Kishore Kapri, son of Gulabi Kapri, resident of Village- Pavai, P.O. Pavai, P.S. Amarpur, District- Banka ... ... Petitioner/s

Versus

1. The Bihar State Food and Civil Supplies Corporation Ltd. Khadya Bhawan, Daroga Prasad Path, R-Block, Road No. 2, Patna- 800001, through its Managing Director.

2. The Managing Director, Bihar State Food and Civil Supplies Corporation Ltd. Khadya Bhawan, Daroga Prasad Path, R-Block, Road No. 2, Patna800001

3. The District Manager, Bihar State Food and Civil Supplies Corporation Ltd. Banka.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Mishra, Advocate Mr. Murlidhar Mishra, Advocate For the B.S.F.C. :

Mr.Shailendra Kumar Singh, Advocate Mr. Nirala Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 08-03-2019 Heard Shri Sanjeev Kumar Mishra, learned counsel for the applicant and Shri Shailendra Kumar Singh, learned counsel for the respondent Corporation.

The applicant is facing coercive steps on account of recovery certificate having been issued against him but the applicant seeks to invoke the arbitration clause in order to get the dispute decided through Arbitration. The arbitration agreement in clause 16 provides for the appointment of an Arbitrator.

In the circumstances and in view of the aforesaid undisputed position and having heard learned counsel for the

Patna High Court REQ. CASE No.170 of 2018(2) dt.08-03-2019 2/2 applicant Shri Sanjeev Kumar Mishra and Shri Shailendra Kumar Singh for the respondent Corporation, in exercise of the powers under sub-section (6) of Section 11 of the Arbitration and Conciliation Act, 1996 and Appointment of Arbitrators by the Chief Justice of Patna High Court Scheme, 1996, I hereby appoint Hon'ble Mr. Justice Shailesh Kumar Sinha, a former Judge of this Court as an Arbitrator to enter upon the dispute and render his award. The Registrar General to take steps accordingly for information as well as for sending the records to the Arbitrator.

(Amreshwar Pratap Sahi, CJ) P.K.P./- U