M/S Jai Bajrangwalee Stone Works v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Request Case No.15 of 2017 =========================================================== M/s Jai Bajrangwalee Stone Works, A Proprietorship firm having its Office at Netaji Subhash Colony, Sahibganj, Jharkhand, through its Proprietor Prakash Chandra Yadav S/o Anandi Yadav resident of village - Milki Chak, P.S. Naya Ram Nagar, District Munger.

.... .... Petitioner/s

Versus

1. The Union of India through the General Manager, East Central Railway, Hajipur.

2. The General Manager, East Central Railway, Hajipur.

3. The Chief Administrative Officer (Construction), East Central Railway, Mahendru Ghat, Patna.

4. The Chief Engineer (Construction), N - 1, East Central Railway, Mahendru Ghat, Patna.

5. The Deputy Chief Engineer (Construction - 1), East Central Railway, Darbhanga. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Raj Kishore Prasad, Advocate For the Respondent/s : Mr. Nishi Nath Ojha, Advocate =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date: 16-08-2017 This application has been filed invoking the jurisdiction of this Court under Section 11(6) of the Arbitration and Conciliation Act.

Records indicate that in terms of the arbitration agreement in question, Arbitrators were appointed by the respondent General Manager, the competent authority, but due to transfer of the Arbitrator since more than two years nothing has happened and, therefore, the applicant is before this Court. Having heard learned counsel for the parties, it is

Patna High Court REQ. CASE No.15 of 2017 dt.16-08-2017 2/2 directed that Respondent No. 2, the person authorized under the agreement in question, should appoint an Arbitrator within a period of one month from today and thereafter he shall also issue an order to the Arbitrator to conclude the proceedings within a period of six months from the date of appointment.

With the aforesaid, the application stands disposed of. (Rajendra Menon, CJ) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 19.08.2017 Transmission Date