Sarvesh Security Services Pvt. Ltd. v. Bihar Urban Infrastructure Development Corporation Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

REQUEST CASE No.95 of 2022 ====================================================== Sarvesh Security Services Pvt. Ltd. through its Director Col. S.N.P. Singh (Male, Aged 75 years), S/o Late H.P. Singh Having its Registered Office at - 413, Mayur Vihar, Pocket E, Phase 2, Delhi - 110091. ... ... Petitioner/s

Versus

1.

Bihar Urban Infrastructure Development Corporation Ltd. Through Managing Director, 303, Maurya Tower, Buddh Marg, Patna - 800001. 2.

Project Director, Bihar Urban Infrastructure Development Corporation Ltd., 303, Maurya Tower, Buddh Marg, Patna - 800001. 3.

The Principal Secretary, Urban Development and Housing Department, Bihar, Patna.

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

For the Petitioner/s :

Mr. Ranjeet Ranjan, Advocate For the State :

Mr. Indeshwari Prasad AC to GA 3 For BUIDCO Ltd.

Mr. Lalit Kishore, Sr. Advocate Mr. Rabindra Priyadarshi, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 19-07-2023 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.

3. Petitioner and the respondent entered into an agreement dated 11.02.2013 (Annexure-2). The said agreement contains an arbitration Clause-56. The petitioner invoked the said arbitration clause vide communications dated 24.12.2019 (Annexure4) and dated 05.02.2020 (Annexure-4/1) but to no avail.

Patna High Court REQ. CASE No.95 of 2022 dt.19-07-2023 2/3

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 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

Patna High Court REQ. CASE No.95 of 2022 dt.19-07-2023 3/3 the year 2013, 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) K.C.Jha/- AFR/NAFR CAV DATE Uploading Date 21.07.2023 Transmission Date