Brijesh Kumar Singh v. Niranjan Singh Other Partners Of M/S R/P.S. Brickskiln
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.40 of 2019 ====================================================== Brijesh Kumar Singh (one of the Partners of M/S R.P.S. Bricks-Kiln) aged about 55 years (Male), Son of Late Mahanand Singh, resident of Village Bawank, P.S. Punpun, P.O. Basuhar District Patna. ... ... Petitioner/s
Versus
Niranjan Singh other partners of M/S R/P.S. Bricks-kiln, aged about 45 years (Male) Son of Sri Rameshwar Singh @ Ramesh Singh, Resident of Village Basiawan, P.O. Kalyanpur, P.S. Punpun, District Patna, Presently residing at C/o Satish Kumar Singh (Back of Santosh Pustak) P.S. Punpun, P.O. Punpun, District Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Purushotam Sharma, Advocate For the Respondent/s :
Mr.Dhananjaya Nath Tiwari, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 06-09-2019 As directed earlier, a Jointness Petition has been filed and I have heard learned counsel for the applicant as well as the learned counsel for the Opposite Party who has put in appearance.
It is undisputed that there is an agreement clause namely Clause No. 16 whereby in the event of failure of the dispute being resolved, it has to be referred to an Arbitrator. Clause 16 is reproduced hereinunder:- "That in case of dispute between the partners it shall be decided by mutual agreement. But if they fail the dispute will be referred to Arbitration."
Patna High Court REQ. CASE No.40 of 2019(4) dt.06-09-2019 2/2 Accordingly, in view of the arbitration clause available and in view of the provisions of the Arbitration and Conciliation Act, 1996 and Appointment of Arbitrators by the Chief Justice of Patna High Court Scheme, 1996, I hereby appoint Hon'ble Mr. Justice Gopal Prasad (Retired) as an Arbitrator to enter upon the dispute and render his award. The Registrar General to take steps accordingly for information as well as for sending the records to the Arbitrator. The application stands disposed of accordingly. (Amreshwar Pratap Sahi, CJ) P.K.P./- U