Surendra Kumar v. The Bihar State Food Civil Supplies Corporation Limited Through Its M. D. And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Request Case No.58 of 2018 =========================================================== Surendra Kumar, S/o Rajeshwar Singh, R/o Vill.- Kosdihra Tola, P.S.- Baroon, Dist. - Aurangabad.

.... .... Petitioner/s

Versus

1. The Bihar State Food Civil Supplies Corporation Limited through its M. D., Bihar at Patna.

2. The Managing Director Bihar State Food Civil supplies Corporation Limited, Bihar at Patna.

3. The District Manager, B.S.F.C., Aurangabad, Dist- Aurangabad. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Brij Bihari Tiwary, Advocate For the Respondent/s : Mr. Shailendra Kumar Singh, Advocate =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date: 21-02-2018 Keeping in view the orders earlier passed by this Court allowing similar applications and further the direction now issued by the Hon'ble Supreme Court on 29.1.2018 affirming the order passed by this Court on Request Case No.8 of 2016 on 19.4.2017 which reads as under:

"Having regard the facts and circumstances of the present case, we do not find any ground to interfere except to direct that one arbitrator should not have more than ten matters

Patna High Court REQ. CASE No.58 of 2018 dt.21-02-2018 2/3 and arbitration proceedings in such ten matters must be concluded on day to day basis within a period of three months. Wherever an arbitration has taken cognizance in more than ten matters, matters beyond ten matters be referred back to the High Court for appointment of another arbitrator. It is also made clear that pendency of arbitration proceedings will not affect criminal proceedings, including the investigation.

All arbitration proceedings will be carried out at Patna.

All contentions available under the law to the parties before the arbitrator are left open to be gone into by the Arbitrator in accordance with law.

The special leave petitions are, accordingly, disposed of.

Pending application(s), if any, shall also stand disposed of."

This application is allowed, but keeping in view the restriction of only referring ten matters to an arbitrator, as directed by the Hon'ble Supreme Court in Special Leave to Appeal (C) No.450 of

Patna High Court REQ. CASE No.58 of 2018 dt.21-02-2018 3/3 2018, Justice R.N. Prasad, a retired Judge of this Court is appointed as the Arbitrator to deal with the issue in question. (Rajendra Menon, CJ) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date12-03-2018 Transmission Date