S K Verma @ Sanjay Kumar Verma v. Planning And Infrastructural Development Consultants Pvt. Ltd. Through The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.66 of 2024 ====================================================== S K Verma @ Sanjay Kumar Verma S/O- Satish Chandra Verma, resident of D-916, Piyush Heights, Sector-89, Faridabad, Hariyana- 121002. ... ... Petitioner/s
Versus
Planning And Infrastructural Development Consultants Pvt. Ltd. through the Managing Director, 429F, 4th Floor, D21 Corporate Park, Dwarka, Sector-21, New Delhi- 110077, registered office- 102-103, Nirmala NIket, Jagdamba Path, North S.K Puri, Patna- 800013.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prabhakar Singh, Advocate For the Respondent/s :
Mr.Dayanand Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 06-12-2024 Heard learned counsel for the parties.
2. 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.
3. Petitioner was issued a Letter of Appointment (Annexure-P/1) dated 01.07.2020 appointing him as a Team Leader under the Project, Consultancy Services of Authority's Engineer for supervision of Rehabilitation and up-gradation of Nh-730 from Km. 484.000 to Km. 505.120 (Ramnagar to Siswa
Patna High Court REQ. CASE No.66 of 2024 dt.06-12-2024 2/3 Babu to two lane with paved shoulders(Rural Area) and two lane paved shoulder with service road (Urban Area) under EPC Mode in the State of Uttar Pradesh, for a fixed remuneration of Rs. 2,00,000/- per month. The petitioner served a Team Leader with the Respondent Company upto 28.02.2021, but he was no paid salary for the months of December, 2020, January, 2021 and February, 2021 . The said LOP contains an arbitration Clause 13. The petitioner invoked the said arbitration clause as per the direction of the Principal District & Sessions Judge, New Delhi in Civil Suit No. 317 of 2021 dated 04.06.2022 (Annexure-P/2.
4. It is pleaded that the respondents have not settled the dispute till date, despite completing all relieving formalities and submitting the site attendance sheets for the said months, and the dispute is of civil in nature.
5. As agreed upon by the parties, Shri Sachin Kumar, Advocate, Mob.- 7066160162, is appointed as learned Arbitrator to adjudicate all disputes arising out of agreement entered into between the parties to the lis.
6. All pleas and issues raised, on merits, are left open to be considered and decided by the learned Arbitrator.
7. The learned Arbitrator shall be entitled to fee as
Patna High Court REQ. CASE No.66 of 2024 dt.06-12-2024 3/3 per the schedule of the Act.
8. Since the dispute is of the year 2020, the hearing be expedited.
9. The issue of limitation, if any, is left open to be raised before the Arbitral Tribunal.
10. Joint Registrar (List) is directed to communicate the order to the learned Arbitrator.
11. Learned counsel for the parties also undertake to communicate the order to the learned Arbitrator.
12. The Arbitral Tribunal shall issue notice to the respondents.
13. The Request Petition stands disposed of in the above terms.
(K. Vinod Chandran, CJ) Sujit/- AFR/NAFR NAFR CAV DATE Uploading Date 09.12.2024 Transmission Date