Shri Dinkar Chaudhary v. Bihar State Food And Civil Supplies Corporation Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

REQUEST CASE No.106 of 2024 ====================================================== Shri Dinkar Chaudhary S/o Shri Rajaram Chaudhary Office at Shashi Palace, Ramkrishna Nagar, Hema Road, Ward No, - 20 Begusarai 851101 (Bihar). ... ... Petitioner/s

Versus

1.

Bihar State Food and Civil Supplies Corporation Ltd. Through Its Managing Director Khadya Bhawan, R Block, Daroga Prasad Rai Path, Road No. 2 Patna-800001, Bihar.

2.

The District Manager, Bihar State Food and Civil Supplies Corporation Ltd, Collectorate, Begusarai-851101, Bihar.

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

For the Petitioner/s :

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

Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 06-12-2024 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, 1996.

3. Petitioner and the respondent entered into an agreement dated 03.12.2020 (Annexure-P/3). The petitioner invoked the arbitration clause vide communication dated 18.07.2024 (Annexure-P/6) 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, Hon'ble Mr. Justice Arun Kumar, a former Judge of the Patna High Court, is appointed as learned Arbitrator

Patna High Court REQ. CASE No.106 of 2024 dt.06-12-2024 2/2 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 2020, 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 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 10.12.2024 Transmission Date