Vikas Kumar v. Shri B.N.Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Request Case No.9 of 2009 ====================================================== Vikas Kumar & Ors.

.... .... Petitioner/s

Versus

Shri B.N.Singh & Ors.

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

For the Petitioner No.1 : Mr. P. K. Shahi, Sr. Advocate. Mr. S. S. Sundaram, Advocate.

For Petitioner No. 2 to 5 : Mr. Aditya Prakash Sahay, Advocate. For Respondent No. 1 to 3 : Mr. Sanjay Kumar, Advocate. For Respondent Nos. 4 to 6 : Mr. Nand Kishore Prasad Sinha, Advocate. For Respondent No.7 : Mr. Girijesh Kumar, Advocate. ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 08-02-2017 Re.: I.A. No. 463 of 2017 This application is for substitution of legal heirs of Shri B. N. Singh respondent no.1 who died on 08.01.2015. Two of the legal heirs as mentioned in Para-3 of the application, Sri Gopal Sharan Sharma and Shri Ganesh Dutt Sharma, are already on record as respondent nos. 2 and 3. Therefore, Smt. Kalawati Devi (wife) and Kumkum Kumari (daughter) are ordered to be substituted as respondent nos. 1(A) and 1(B) in the cause title. The Learned counsels for the other parties have no objection for allowing the interlocutory application for substitution.

Accordingly, the interlocutory application stands allowed.

Re.: Request Case No. 09 of 2009

Patna High Court REQ. CASE No.9 of 2009 (10) dt.08-02-2017 2/2 On 11.01.2017, learned counsel for the petitioners pointed out that the Presiding Arbitrator has recused himself to continue with the present arbitration proceedings. It was prayed that now the arbitration proceedings should be conducted by a sole arbitrator.

Learned counsel for the respondents, present in Court, have no objection for resolution of the dispute by a sole arbitrator and also the parties agree that Shri Nawal Kishore Singh, Retired District Judge, resident of Plot No.4, Ashiyana Phase-I, P.S.-Rajeev Nagar, Patna-25 be appointed as a sole arbitrator to resolve the dispute between the parties. In view of the consent of the parties, Shri Nawal Kishore Singh, Retired District Judge is appointed as a sole arbitrator. He shall proceed from the stage wherein the Arbitral Tribunal left the proceeding.

The records of the proceedings of the Arbitral Tribunal be sent to the newly appointed arbitrator for further proceedings in accordance with law.

(Hemant Gupta, ACJ) Mishra/- U