National Co-Operative Consumers Federation Of India Ltd, Lucknow v. Bihar Rajya Beez Nigam Limited, Agriculture Farm Campus, Patna And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Request Case No.17 of 2014 ====================================================== National Co-operative Consumer's Federation of India Ltd., having its Branch Office at B-4, H-Road, Mahanagar Extension, Lucknow-226005. .... .... Petitioner/s

Versus

1. Bihar Rajya Beez Nigam Limited, Agriculture Farm Campus, Mithapur, Patna-800001 (Bihar) through its Managing Director.

2. The Managing Director, Bihar Rajya Beez Nigam Limited, Agriculture Farm Campus, Mithapur, Patna-800001 (Bihar).

3. The Chairman-cum-Agriculture Production Commissioner, Agriculture Department, Government of Bihar, Patna.

4. The State of Bihar through Secretary, Agriculture Department, Govt. of Bihar, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner : Mr. Sanjeet Kumar, Advocate For Respondent-Bihar Rajya BeezNigam : Mr. Sourendra Pandey, Advocate. For the S t a t e : Mr. Ashok Kumar Keshri, AAG-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 10-04-2015 This application is filed with a prayer to appoint Arbitrator.

The petitioner supplied seeds to the 1st respondentCorporation and an amount of Rs.1,87,53,202/- is due. Heard Shri Sanjeet Kumar, learned counsel for the petitioner, Shri Sourendra Pandey, learned counsel for the respondent-Bihar Rajya Beej Nigam and Mr. Ashok Kumar Keshri, learned Additional Advocate General No.2 for the State.

The basis for making the prayer for appointment of Arbitrator is the communication dated 19.4.2011, addressed by

Patna High Court REQ. CASE No.17 of 2014 (5) dt.10-04-2015 2/2 the Managing Director of the 1st respondent-Corporation. Emphasis is laid on Clause (5) thereof. A perusal of the same discloses that in the event of any dispute, the decision of the Chairman-Cum-Agriculture Production Commissioner be treated as final. There is nothing to suggest in that Clause that any arrangement for referring the dispute to the Arbitrator is made.

Hence, the application is dismissed.

The interlocutory application, if any, shall also stand disposed of. There shall be no order as to costs. However, the petitioner has its remedy before an appropriate forum in accordance with law.

(L. Narasimha Reddy,CJ) PNM U