Sunil Industries v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.57 of 2019 ====================================================== Sunil Industries through its Proprietor Sri Sunil Kumar, Son of Sri Bhuneshwar Singh, resident of Village and Post Office-Maker, Police StationMaker, District-Jehanabad, At present residing at Anand Vihar Colony, Bhootnath Road, Police Station-Agamkuan, District-Patna ... ... Petitioner/s
Versus
1.
The Union of India through General Manager, East Central Railway, Hajipur.
2.
Senior Divisional Engineer - (III) East Central Railway, Danapur. 3.
Divisional Railway Manager, East Central Railway, Danapur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Shekhar, Advocate For the Respondent/s :
Mr. Kumar Manish, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 06-09-2019 Heard learned counsel for the applicant and the learned counsel for the Railways.
There is no dispute that there is an arbitration clause in the agreement. Previously the applicant had come up before this Court, but the application was dismissed as premature as the applicant had not approached their concerned authorities. The said formality has now been completed as is evident from Annexure-2 to the application.
In the absence of any such redressal, the appointment of the arbitrator can be made invoking the powers under Section 11(6) of the Arbitration and Conciliation Act, 1996. Accordingly, I hereby appoint Shri Rajendra Kumar Tiwari,
Patna High Court REQ. CASE No.57 of 2019(2) dt.06-09-2019 2/2 Retired District and Sessions Judge as the sole arbitrator to enter upon the dispute and render his award in terms of the provisions of the 1996 Act.
Let the information of this order along with papers be transmitted by the Registrar General to the sole Arbitrator for proceeding in the matter.
The application stands disposed of accordingly (Amreshwar Pratap Sahi, CJ) Sunil/- U