Dibesh Kumar Choudhary v. The Bihar State Food And Civil Supplied Corporation Through Its Managing Director And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Request Case No.259 of 2017 ====================================================== Dibesh Kumar Choudhary, Son of Surya Narayan Choudhary, resident of Village- Bishanpur, P.S.- Ashok Paper Mill, District- Darbhanga. ... ... Petitioner/s

Versus

1. The Bihar State Food & Civil Supplies Corporation through its Managing Director, Sone Bhawan, Near R Block, Patna.

2. The District Collector, Darbhanga.

3. The District Manager Bihar State Food Civil Supplied Corporation, DistrictDarbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No 13, Adv.

Mr. Rohit Kumar, Adv.

For the Respondent/s :

Mr. Shailendra Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 13-12-2017 Heard learned counsel for the parties.

In identical proceedings i.e. in Request Case Nos.8 of 2016 and various other analogous cases, a detailed order has been passed by me on 19.4.2017 allowing an application under Section 11(6) of the Arbitration and Conciliation Act and an Arbitral Tribunal has been constituted. In this application also, the respondents herein had entered into an agreement with the applicants and the issues, identical in nature, have been referred for

Patna High Court REQ. CASE No.259 of 2017 dt.13-12-2017 2/3 arbitration on 19.4.2017. As identical issues are involved in the matters which have already been considered on 19.4.2017 in Request Case No.8 of 2016 and other cases and as the same objections are raised herein, I see no reason to take a different view from the one already taken by me on 19.4.2017 when a series of cases detailed hereinabove were disposed of.

The objection of the respondents that the matter is pending before the Hon'ble Supreme Court in an S.L.P. cannot be a ground for postponing the matter as on several occasions adjournments are taken on this very ground. That apart, the contention that certain applicants have deposited the amount is not a ground for refusing arbitration, but a ground to be raised by the respondents before the Arbitrator and the consequential effect taken note of by the Arbitrator.

For the reasons and grounds indicated in the order dated 19.4.2017, these applications are allowed. Hon'ble Mr. Justice R.K. Datta, a retired Judge of this Court is appointed as arbitrator to adjudicate the dispute. However, in these proceedings this Court has not gone into the merits of various objections raised with regard to maintainability of the dispute. In view of the certificate proceedings held, the

Patna High Court REQ. CASE No.259 of 2017 dt.13-12-2017 3/3 question of limitation and all other issues are left open to be canvassed by the parties before the arbitrator. (Rajendra Menon, CJ) K.C.Jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 22.12.2017 Transmission Date