M/S Dayanand Prasad Sinha And Co. v. The Bihar State Education Infrastructure Development Corporation Ltd

IN THE HIGH COURT OF JUDICATURE AT PATNA

REQUEST CASE No.45 of 2022 ====================================================== M/s Dayanand Prasad Sinha and Co. through its Partner Dayanand Prasad Sinha, Gender-Male, aged about 77 years, Son of Late H.B. Lal, Resident of Janta Path, Kankarbagh Road, P.S- Kankarbagh, District and Town- Patna. ... ... Petitioner/s

Versus

1.

The Bihar State Education Infrastructure Development Corporation Ltd through its Managing Director, Shiksha Bhawan, Bihar Rastrabhasha Parishad Campus, Acharya Shiv Pujan Sahay Path, Saidpur, Patna- 800004. 2.

The Managing Director, the Bihar State Education Infrastructure Development Corporation Ltd., Shiksha Bhawan, Bihar Rastrabhasha Parishad Campus, Acharya Shiv Pujan Sahay Path, Saidpur, Patna- 800004. 3.

The Chief Engineer, the Bihar State Education Infrastructure Development Corporation Ltd., Shiksha Bhawan, Bihar Rastrabhasha Parishad Campus, Acharya Shiv Pujan Sahay Path, Saidpur, Patna- 800004. 4.

The Chief Consultant (Technical)-cum-Superintending Engineer, the Bihar State Education Infrastructure Development Corporation Ltd., Shiksha Bhawan, Bihar Rastrabhasha Parishad Campus, Acharya Shiv Pujan Sahay Path, Saidpur, Patna- 800004.

5.

The Superintending Engineer, the Bihar State Education Infrastructure Development Corporation Ltd., Shiksha Bhawan, Bihar Rastrabhasha Parishad Campus, Acharya Shiv Pujan Sahay Path, Saidpur, Patna- 800004. 6.

The Executive Engineer, Patna (East), the Bihar State Education Infrastructure Development Corporation Ltd., Shiksha Bhawan, Bihar Rastrabhasha Parishad Campus, Acharya Shiv Pujan Sahay Path, Saidpur, Patna- 800004.

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

For the Petitioner/s :

Mr. Lal Babu Singh, Advocate Mr. Umesh Kumar Gupta, Advocate For the Respondent/s :

Mr. Girijish Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 03-08-2022 Heard learned counsel for the parties.

This application has been moved seeking appointment of an Arbitrator invoking the powers of this Court

2/4 under Section 11(6) of the Arbitration and Conciliation Act, 1996.

Petitioner and the respondent entered into a written agreement dated 19.01.2012 (Annexure-1, page-17). The said agreement contains an arbitration clause (Clause-25, page-19). The petitioner, invoked the arbitration clause vide communication dated 12.10.2021 (Annexure-3 Page No. 24); communication dated 02.11.2021 (Annexure-4 Page No. 28); communication dated 12.01.2022 (Annexure-5/1 Page No. 35); communication dated 15.02.2022 (Annexure-6 Page No. 38) and communication dated 15.02.2022 (Annexure-7 Page No. 4), but to no avail.

It is pleaded that the respondents have not settled the dispute till date. The dispute is civil in nature, arising out of the agreement dated 19.01.2012 (Annexure-1, page-17). Today, there is no dispute about-(a) the legality, validity and binding effect of the written agreement dated 19.01.2012 (Annexure-1, page-17) entered into between the parties to the lis; (b) the existence of arbitration clause contained therein; (c) the existence of dispute(s) arising there from; (d) the dispute arisen out of the agreement being civil in nature; (e) no legal impediment in the adjudication of the

3/4 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.

As such, Hon'ble Mr. Justice B.P Singh, Former Judge, Supreme Court of India (Mobile No. 9818150303), is appointed as learned Arbitrator to adjudicate all disputes arising out of agreement dated 19.01.2012 (Annexure-1, page-17) entered into between the parties to the lis.

All pleas and issues raised, on merits, are left open to be considered and decided by the learned Arbitrator. Learned Arbitrator shall be entitled to fee as per the schedule of the Act.

Since the dispute arises out of an agreement of the year 2012, the hearing be expedited.

Parties undertake to fully cooperate and not take any unnecessary adjournment.

The issue of limitation is left open to be raised before the learned Arbitrator.

It is expected of the learned Arbitrator to decide the issues expeditiously.

4/4 Joint Registrar (List) is directed to communicate the order to the learned Arbitrator.

Learned counsel for the parties also undertake to communicate the order to the learned Arbitrator. In fact, they volunteered to appear before him, through digital mode/physical mode on 29.08.2022 and apprise him of the passing of the order. Parties shall file their statement of claims before the learned Arbitrator on such date of hearing which he may fix, as per mutual convenience.

The Request Petition stands disposed of in the above terms.

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

(Sanjay Karol, CJ) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 25.08.2022 Transmission Date