M/S Sharda Construction, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

REQUEST CASE No.38 of 2021 ====================================================== M/S Sharda Construction, a Partnership firm having its Office at New Area, Maharajganj Road, Aurangabad, Bihar through its Power of Attorney Holder Sri Shailendra Singh, aged about 54 Years (Male), S/o Late Mungeshwar Singh Resident of Village-Kunda, P.S. and District-Aurangabad (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Road Construction Department, Vishweshwaraiya Bhawn, Bailey Road, Patna-15. 2.

The Principal Secretary, Road Construction Department, Vishweshwaraiya Bhawn, Bailey Road, Patna-15.

3.

The Engineer-in-Chief-Cum-Additional Commissioner-Cum-Special Secretary, Road Construction Department, Vishweshwaraiya Bhawn, Bailey Road, Patna-15.

4.

The Chief Engineer (South Bihar Wing), Road Construction Department, Vishweshwaraiya Bhawan, Bailey Road, Patna-15. 5.

The Executive Engineer, Road Construction Department, Road, Division, Aurangabad.

6.

The Divisional Accounts Officer (D.A.O.), Road Division, Aurangabad. 7.

The Assistant Engineer, Road Construction Department, Road, SubDivision, Aurangabad. 8.

The Junior Engineer, Road Construction Department, Road, Sub-Division, Aurangabad.

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

For the Petitioner/s :

Mr. Raj Kishore Prasad, Advocate For the Respondent/s :

Mr. Uday Shankar Sharan Singh, GP-19 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 08-09-2021 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.

The agreement dated 7th of September, 2015

2/4 (Annexure-1), entered into between the parties, contains the following arbitration clause:- "

3/4 "

It is quite apparent that the mechanism provided therein has not been complied with.

Learned counsel for the petitioner states that the petitioner be permitted to comply with the same.

4/4 Permission granted.

Let the petitioner exhaust the mechanism provided in Clause C 25 of the Agreement dated 7th of September, 2015 (Annexure-1).

Shri Anjani Kumar, learned Additional Advocate General No. 4 states that the authority shall expeditiously take all steps for compliance of Clause C 25 of the Agreement dated 7th of September, 2015 (Annexure-1). Statement accepted and taken on record.

Petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, shall stand disposed of.

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