M/S Maa Bindyavashini Construction v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

REQUEST CASE No.94 of 2022 ====================================================== M/s Maa Bindyavashini Construction through its working partner Mr. Virendra Kumar Tiwari, aged about 46 years (Male), son of Sri Krishna Tiwari, Resident of Mohalla-Thakaraha, Ward No. 8, P.O.-Thakaraha, Bettiah, P.S.-Thakaraha, District-West Champaran, Official Address-At and P.O.- Thakaraha, District-West Champaran (Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Water Resources Department, Sinchai Bhawan, Bailey Road, Patna-15. 2.

The Principal Secretary, Water Resources Department, Sinchai Bhawan, Bailey Road, Patna-15.

3.

The Engineer-in-Chief (Irrigation Creation), Water Resources Department, Sinchai Bhawan, Patna-15.

4.

The Chief Engineer (Irrigation Creation), Water Resources Department, Motihari (East Champaran).

5.

The Superintending Engineer, Water Resources Department, Tirhut Canal Circle, Raxaul (East Champaran).

6.

The Executive Engineer, Water Resources Department, Triveni Canal Division, Raxaul (East Champaran).

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

For the Petitioner/s :

Mr.Manish Sahay, Advocate For the Respondent/s :

Mr.Anjani Kumar, AAG-4 Mr. Alok Kumar Rahi, AC to AAG-4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 17-05-2023 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.

Patna High Court REQ. CASE No.94 of 2022 dt.17-05-2023 2/3

3. Petitioner and the respondent entered into an agreement dated 29.01.2018 (Annexure-2). The said agreement contains an arbitration Clause-25 The petitioner invoked the said arbitration clause vide communications dated 24.03.2022 (Annexure13) and 27.05.2022 (Annexure-15) , but to no avail.

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

5. Today, there is no dispute about-(a) the legality, validity and binding effect of the written agreement entered into 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 Shyam Kishore Sharma, a former Judge of the Patna High Court, 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

Patna High Court REQ. CASE No.94 of 2022 dt.17-05-2023 3/3 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 2018, 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.

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) Sujit/- AFR/NAFR NAFR CAV DATE Uploading Date 18.05.2023 Transmission Date