Mvv Satyanarayana v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

REQUEST CASE No.80 of 2022 ====================================================== MVV Satyanarayana having registered office at H. No. 6-1-136/M, Meher Ratna Complex, Balram Colony, Walker Town, Padmaraonagar, Secunderabad-500025, through its authorized representative, Senior Manager, namely Sri Vishal Raj, aged about 32 years (Male), son of Arjun Kumar Singh, resident of Janki Kunj, Gulab Rai Gali Mohanpur, P.O. and P.S. - Shastrinagar, District - Patna, Bihar - 800023. ... ... Petitioner/s

Versus

1.

The Union of India.

2.

The Union of India through the General Manager, East Central Railways, Samastipur, District - Samastipur.

3.

The Chief Administrative Officer, Constructions, South East Central Railways, Mahendru, Patna.

4.

The Chief Engineer/Con/GB East Central Railway, for and on behalf of the President of India.

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

For the Petitioner/s :

Mr. Anjani Kumar Jha, Advocate Mr. Pranav Kumar, Advocate For the Respondent/s :

Dr. Krishna Nandan Singh, ASG Mr. Ravindra Kumar Sharma, Advocate, CGC Mr. Sriram Krishna, Advocate Mr. Amarjeet, Advocate Mr. Devansh Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 05-04-2023 There is consensus in so far as appointment of the arbitrators under the General Conditions of Contract (hereinafter referred to as 'GCC') read with the Arbitration and Conciliation Act, 1996. The Railways have, by communication dated 17.01.2023 (Annexure-1, Page 6 to the counter affidavit dated 28.02.2023), nominated four persons, out of which, as per Clause 64(3)(a) of the GCC, two have to be nominated by the

Patna High Court REQ. CASE No.80 of 2022(4) dt.05-04-2023 2/2 contractor. Contractor is the petitioner herein. The petitioner herein nominates Shri R K Agarwal, Retd. PCE/NR and Shri V K Verma, Retd. PCSTE/Core for the purpose of appointment.

The Railways, as per the aforementioned Clause, will have to appoint one out of them and also other arbitrators to the panel. The Railways shall do the needful within thirty days and communicate the same to the petitioner.

Present request petition stands disposed of in the aforesaid terms.

(K. Vinod Chandran, CJ) Aditya/Sujit U