Rita Singh v. The Managing Director, Bihar State Power Generation Co. Ltd,
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.51 of 2022 ====================================================== Rita Singh Wife of Munna Singh, resident of Frazer Road, P.S. Kotwali District- Patna, Director Shiva Electro Sheel Pvt Ltd- Singhaul, DistrictBegusarai. ... ... Petitioner/s
Versus
1.
The Managing Director, Bihar State Power Generation Co. Ltd, Vidyut Bhawan, Patna.
2.
The Engineer in Chief, Bihar State Power Generation Co. Ltd. Vidyut Bhawan, Patna.
3.
The Chief Engineer (Civil), Bihar State Power Generation Compnay Ltd, Vidyut Bhawan, Patna.
4.
The State of Bihar through the District Magistrate, Bhagalpur. 5.
The Executive Engineer (Civil) Bihar State Power Generation Company Ltd, Bhagalpur.
6.
The Assistant Engineer, Bihar State Power Generation Company Ltd, Bhagalpur.
7.
The Junior Engineer, Bihar State Power Generation Company Ltd, Bhagalpur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surendra Pd. Singh, Sr. Advocate Mr.Raj Dular Sah, Advocate For the Company :
Mr. Vinay Kirti Singh, Sr. Advocate Mr. Vijay Kr. Verma, Advocate Mr. Akhileshwar Singh, Advocate For the Respondent/s :
Mr. Shankar Kumar, AC to AAG 7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 25-01-2023 Heard learned counsel for the parties.
Petitioner has prayed for following relief:- " That by means of the captioned application of the petitioner, the issue here invoke the jurisdiction of this Hon'ble Court under Section 11(6) of the Arbitration and Conciliation Act 1996 praying interalia, for directions and orders for the appointment of Nominee Arbitrator on behalf of certain disputes, differences and the claim that have arisen between the parties here to out of or in relation to their legal relationship on the ground amongst others, that the respondents have failed to act in accordance with the contractual stipulation in that regard."
Patna High Court REQ. CASE No.51 of 2022 dt.25-01-2023 2/2 Learned counsel for the petitioner seeks permission to withdraw the present petition reserving liberty to take recourse to the mechanism provided under Clause 17 of the Agreement dated 01.10.2013 entered into between the parties. Liberty, as prayed for, is granted.
As and when any such proceedings are initiated, action within the period stipulated in the agreement shall be taken. We have not expressed any opinion on merits. All issues are left open.
The present petition stands disposed of as withdrawn with the liberty aforesaid.
Interlocutory Application(s), if any, shall stand disposed of.
(Sanjay Karol, CJ) Sanjay/-PKP AFR/NAFR NAFR CAV DATE NA Uploading Date 25.01.2023 Transmission Date NA