Uma Shankar Chaubey v. The Bihar State Food And Civil Supplies Corporation Limited Through Its Managing Director And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Request Case No.75 of 2018 ====================================================== Uma Shankar Chaubey, son of Late Yamuna Chaubey, Pro. M/S Vinayak Mini Rice Mill, Sultanpur, Resident of Village -Sultanpur, P.S. Ramgarh, DistrictKaimur (Bhabua). ... ... Petitioner

Versus

1. The Managing Director, The Bihar State Food and Civil Supplies Corporation Ltd., Bihar at Patna.

2. The Bihar State Food And Civil Supplies Corporation Limited Through Its Managing Director, BIhar, Patna.

3. The District Manager, Bihar State Food and Civil Supplies Corporation Limited, District-Kaimur (Bhabhua).

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Mishra, Advocate For the BSFC :

Mr. Harish Kumar, Advocate For the Respondent/s :

Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 13-07-2018 Keeping in view the orders earlier passed by this Court allowing similar applications and further the direction now issued by the Hon'ble Supreme Court on 29.1.2018 in Special Leave to Appeal (C) No.450 of 2018 affirming the order passed by this Court in Request Case No.8 of 2016 on 19.4.2017 which reads as under:

"Having regard the facts and circumstances of the present case, we do not find any ground to interfere except to direct that one arbitrator should not have more than ten matters and arbitration proceedings in such ten matters must be concluded on day to day basis within a period of three months. Wherever an arbitration has taken cognizance in more than ten matters, matters

Patna High Court REQ. CASE No.75 of 2018 dt.13-07-2018 2/2 beyond ten matters be referred back to the High Court for appointment of another arbitrator.

It is also made clear that pendency of arbitration proceedings will not affect criminal proceedings, including the investigation.

All arbitration proceedings will be carried out at Patna. All contentions available under the law to the parties before the arbitrator are left open to be gone into by the Arbitrator in accordance with law.

The special leave petitions are, accordingly, disposed of. Pending application(s), if any, shall also stand disposed of."

this application is allowed, but keeping in view the restriction of only referring ten matters to an arbitrator by the Hon'ble Supreme Court on 29.01.2018 in Special Leave to Appeal (C) No.450 of 2018, Justice Smt. Mridula Mishra, a retired Judge of this Court, is appointed as the Arbitrator to deal with the issue in question.

(Rajendra Menon, CJ) Sunil/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.07.2018 Transmission Date