Vijay Sah v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

REQUEST CASE No.23 of 2021 ====================================================== Vijay Sah Son of Yogendra Sah, resident of 72 K, Village Chikni, Police Station- Ramagarhwa, District - East Champaran. ... ... Petitioner/s

Versus

1.

The Union of India through the General Manager, East Central Railway, Hajipur, Vaishali.

2.

The Divisional Railway Manager, East Central Railway, Samastipur. 3.

The Assistant Divisional Manager, East Central Railway, Muzaffarpur. 4.

The Senior Section Engineer (Works), East Central Railway, Sagauli, East Champaran.

5.

Assistant Divisional Engineer, East Central Railway, Bapudham, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Archana Sinha, Advocate Mr. Alok Kumar Shahi, Advocate For the Respondent/s :

Mr. D.K. Sinha, Sr. Advocate Mr. Bijoy Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 08-12-2021 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.

It is not in dispute that in terms of the dispute redressal mechanism, stipulated under the agreement dated 23.01.2010 (Annexure-1), entered into between the parties, in the light of the decision rendered by Hon'ble the Apex Court in Central Organisation for Railway Electrification Vs. ECISPIC-SMO-MCML (JV), A Joint Venture Company, (2020)

Patna High Court REQ. CASE No.23 of 2021 dt.08-12-2021 2/2 14 SCC 712, the respondent Railways has appointed an Arbitrator. The Arbitral proceedings have also commenced and the petitioner has already joined the proceedings. As such, no other and further orders are required to be passed in the present petition, save and except that it is expected of the learned Arbitrator(s) to decide the matter expeditiously and positively within the time frame stipulated under the Act.

The petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, shall stand disposed of.

Parties to communicated this order to the learned Arbitrator through electronic mode.

(Sanjay Karol, CJ) P.K.P./Amrendra AFR/NAFR CAV DATE Uploading Date 09.12.2021 Transmission Date