M/S Global Industries v. Bihar Urban Infrastructure Development Corporation Ltd (Buidco.)

IN THE HIGH COURT OF JUDICATURE AT PATNA

REQUEST CASE No.100 of 2024 ====================================================== M/s Global Industries through its working partner Md. Quaisar Jawed, Aged about 49 Years (Male), Son of Md. Manzar Ahsan, Resident of Village - Thakuri Chak, P.O. - Garhara, Sub-District - Barauni, P.S. Barauni, DistrictBegusarai, State - Bihar, Pin- 851126, Email Id - qaisarjawed@gmail.com. ... ... Petitioner/s

Versus

1.

Bihar Urban Infrastructure Development Corporation Ltd (BUIDco.) through its Managing Director, J4FF plus 3GP, Boring Canal Road, North Anandpuri, Buddha Colony, Patna - 800001.

2.

The Managing Director, Bihar Urban Infrastructure Development Corporation Ltd (BUIDCo), J4FF Plus 3GP, Boring Canal Road, North Anandpuri, Buddha Colony, Patna - 800001.

3.

The Chief General Manager (Works), Bihar Urban Infrastructure Development Corporation Ltd (BUIDco.) J4FF plus 3GP, Boring Canal Road, North Anandpuri, Buddha Colony, Patna- 800001. 4.

The General Manager (North), Bihar Urban Infrastructure Development Corporation Ltd (BUIDCo.), J4FF plus 3GP, Boring Canal Road, North Anandpuri, Buddha Colony, Patna- 800001.

5.

The Project Director (SIU-7), Bihar Urban Infrastructure Development Corporation Ltd (BUIDCo.), J4FF plus 3GP, Boring Canal Road, North Anandpuri, Buddha Colony, Patna- 800001.

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

For the Petitioner/s :

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

Mr. Lalit Kishore, Sr. Advocate Mr. Ayush Kumar, Advocate Mr. Kanishka Shankar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 19-12-2024 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,

Patna High Court REQ. CASE No.100 of 2024 dt.19-12-2024 2/3 1996.

3. Petitioner and the respondent entered into an agreement dated 06.08.2015 (Annexure-P-2). The petitioner invoked the arbitration clause vide notice dated 18.07.2023 (Annexure-P-13) for appointment of an arbitrator, 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. As such, Shri Manoj Kumar-II, District & Sessions Judge (Retd.), is appointed as learned Arbitrator to adjudicate all disputes arising out of agreement entered into between the parties to the lis.

6. All pleas and issues raised, on merits, are left open to be considered and decided by the learned Arbitrator.

7. The learned Arbitrator shall be entitled to fee as per the schedule of the Act.

8. Since the dispute arises out of an agreement of the year 2015, the hearing be expedited.

9. The issue of limitation, if any, is left open to be raised before the Arbitral Tribunal.

10. Joint Registrar (List) is directed to communicate the order to the learned Arbitrator.

11. Learned counsel for the parties also undertake

Patna High Court REQ. CASE No.100 of 2024 dt.19-12-2024 3/3 to communicate the order to the learned Arbitrator.

12. The Arbitral Tribunal shall issue notice to the respondents.

13. The Request Petition stands disposed of in the above terms.

(K. Vinod Chandran, CJ) sharun/- AFR/NAFR CAV DATE Uploading Date 20.12.2024 Transmission Date