M/S Agro Impex India Private Limited v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3162 of 2017 ====================================================== M/s Agro Impex India Private Limited having its registered office at 201 Composite House, 170, Prajapat Nagar, Opposite B-2 Gulmohar Park New Delhi 110049 through its authorised signatory Ashok Krisha ... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Department of Transport, Government of Bihar, Visheshwaraiya Bhawan, Bailey Road, Patna.
2. The Development Commissioner, Government of Bihar, Old Secretariat, Patna.
3. The Transport Commissioner, Transport Division, Govt. of Bihar, Visheshwaraiya Bhawan, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nand Kishore Singh, Advocate Mr. Jitendra Kumar, Advocate For the Respondent/s :
Mr. Kaushal Kumar Jha, AAG 8 Mr. Amish Kumar, AC to AAG 8 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 29-11-2017 Vide order dated 09.08.2017 in Request Case No.19 of 2016, this Court had appointed an Arbitrator to adjudicate the dispute between the parties. Now, we are informed that the Arbitrator appointed by this Court on 06.10.2017 has expressed his personal difficulty in proceeding with the matter. In view of this, this application has been filed under Section 15(2) read with Section 14(1) of the Arbitration and Conciliation Act, 1996 seeking terminating the mandate of the Arbitrator appointed and appointing another Arbitrator.
Keeping in view the facts and circumstances of the case and the communication made by the Arbitrator as contained in
Patna High Court MJC No.3162 of 2017(3) dt.29-11-2017 2/2 Annexure P-2 dated 06.10.2017, the application is allowed. The Arbitrator appointed vide order passed on 09.08.2017 in Request Case No.19 of 2016 is changed and in his place Sri B. K. Roy, Hon'ble the Chief Justice (Rtd.), is appointed as Arbitrator.
With the aforesaid, the application stands disposed of. (Rajendra Menon, CJ) Sunil/- U