Smt. Shashi Bala Singh v. Branch Manager,

IN THE HIGH COURT OF JUDICATURE AT PATNA

REQUEST CASE No.65 of 2023 ====================================================== Smt. Shashi Bala Singh Wife of Late Achint Kumar, Residing at- Narayan Niketan Road No. 13A Rajendra Nagar Distt. Patna, 800013. ... ... Petitioner/s

Versus

1.

Branch Manager, SBI General Insurance Company Limited at 1, Mal Dakbunglow Chauraha Patna 800001.

2.

SBI General Insurance Company Limited At Nattraj- 101, 102 and 301, Junction of western Express Highway and Andheri Kurla Road, Andheri (est) Mumbai-400069.

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

For the Petitioner/s :

Mr. Jitendra Kumar, Advocate For the Respondent/s :

Mr. Prabhakar Nath Rai, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 05-01-2024 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 and the respondent entered into an agreement dated 17.07.2017 (Annexure-P5). The petitioner invoked the arbitration clause 24 vide communication dated 22.04.2023 (Annexure-1) and 09.06.2023 (Annexure-3) for appointment of an arbitrator, but to no avail.

4. It is pleaded that the respondents have not settled the dispute till date and the dispute is civil in nature.

5. Today, there is no dispute about-(a) the legality, validity and binding effect of the written agreement entered into

Patna High Court REQ. CASE No.65 of 2023 dt.05-01-2024 2/3 between the parties to the lis; (b) the existence of arbitration clause contained therein; (c) the existence of dispute(s) arising there from; (d) the dispute arising out of the agreement being civil in nature; (e) no legal impediment in the adjudication of the dispute by the learned Arbitrator; (f) Petitioner having exhausted the channel available for resolution of the dispute; (g) the respondent having failed to appoint an Arbitrator pursuant to the invocation of the arbitration clause by the petitioner.

6. As such, Hon'ble Mr. Justice Navaniti Prasad Singh, a former Judge of the Patna High Court and former Chief Justice of the High Court of Kerala, is appointed as learned Arbitrator to adjudicate all disputes arising out of agreement entered into between the parties to the lis.

7. All pleas and issues raised, on merits, are left open to be considered and decided by the learned Arbitrator.

8. The learned Arbitrator shall be entitled to fee as per the schedule of the Act.

9. Since the dispute arises out of an agreement of the year 2017, the hearing be expedited.

10. The issue of limitation, if any, is left open to be raised before the Arbitral Tribunal.

11. Joint Registrar (List) is directed to communicate the order to the learned Arbitrator.

12. Learned counsel for the parties also undertake to communicate the order to the learned Arbitrator.

Patna High Court REQ. CASE No.65 of 2023 dt.05-01-2024 3/3

13. The Arbitral Tribunal shall issue notice to the respondents.

14. The Request Petition stands disposed of in the above terms.

(K. Vinod Chandran, CJ) sharun/- AFR/NAFR NAFR CAV DATE Uploading Date 08.01.2024 Transmission Date