M/S Naraindas Construction Private Limited Through Its Director Sri Akash Kushwani v. Bihar Rajya Pul Nirman Nigam Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

REQUEST CASE No.3 of 2019 ====================================================== M/s Naraindas Construction Private Limited through its Director Sri Akash Kushwani Gender Male, Age 39 yrs, a company registered under the Companies Act, 1956 having its office at Flat No. G/4 Block G, Sindhu Cooperative Housing Society, 26/1A, S.N. Roy Road, P.S. Behala, Kolkata700038, West Bengal. ... ... Petitioner/s

Versus

1.

Bihar Rajya Pul Nirman Nigam Limited through its Managing Director, 7, Sardar Patel Marg, Patna 800001, Bihar.

2.

The Managing Director, Bihar Rajya Pul Nirman Nigam Limited, 7, Sardar Patel Marg, Patna- 800001, Bihar.

3.

The Deputy Chief Engineer, South Bihar Circle, Bihar Rajya Pul Nirman Nigam Limited, 7, Sardar Patel Marg, Patna- 800001, Bihar. 4.

The Senior Project Engineer, Bihar Rajya Pul Nirman Nigam Limited, Vardhman Kothi, PWD Parisar, Adampur, Bhagalpur- 812001. Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Siddhartha Prasad, Advocate For the Respondent/s :

Mr. Lalit Kishore, Senior Advocate Mr. Ravindra Priyadarshi, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 17-05-2019 Heard learned counsel for the applicant and Shri Lalit Kishore, learned Senior Advocate for the respondentCorporation. The dispute of arbitration has been raised on account of certain payments that are due according to the applicant. Learned counsel has invited the attention of the Court to clause 25 of the agreement contending that the arbitration clause exists and that the applicant has already served the respondents with the statutory notice and after having waited for 30 days has

Patna High Court REQ. CASE No.3 of 2019(4) dt.17-05-2019 2/2 applied for appointment of an Arbitrator.

Accordingly, invoking the powers under Section 11

(6) of the Arbitration and Conciliation Act, 1996, I hereby appoint Hon'ble Mr. Justice P. K. Sinha (Retired) as the sole Arbitrator to enter upon the dispute and render his award in terms of provisions of the 1996 Act.

Let the information of this order along with papers be transmitted by the Registrar General to the sole Arbitrator for proceeding in the matter.

The application stands disposed of accordingly. (Amreshwar Pratap Sahi, CJ) Sunil/- U