Anand Lal Prasad v. The Government Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

REQUEST CASE No.91 of 2023 ====================================================== Anand Lal Prasad S/o Ramotara Prasad R/o- Mananpur, Nawada Govindganj, P.S.- Govindganj, Areraj, Dist.- East Champaran- 845411, Bihar. ... ... Petitioner/s

Versus

The Government of India represented through the Superintendent of Post Offices, Champaran Division, Motihari- 845401. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Bihari, Advocate For the Respondent/s :

Dr. K.N.Singh, A.S.G.

Mr. Manoj Kumar Singh, CGC Mr. Amish Kumar, CGC Mr. Sriram Krishna, Advocate Mr. Devansh Shankar Singh, Advocate Mr. Prabhat Kumar Singh, Advocate Mr. Shivaditya Dhari Sinha, Advocate Ms. Tripti, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 19-04-2024 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 a lease agreement dated 09.11.2021 (Annexure-2). The said agreement contains an arbitration Clause 65 of the lease agreement. The petitioner invoked the said arbitration clause vide communication dated 09.09.2023 (Annexure-5), but to no avail.

Patna High Court REQ. CASE No.91 of 2023 dt.19-04-2024 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 lease 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, as agreed upon by the parties, Shri Sanjeev Kumar Mishra, Advocate, Mob.- 9835068340/ 9431041615, Resident of Jyotipuram Colony, Khajpura, P.O.- B.V.College, Patna-800014, 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

Patna High Court REQ. CASE No.91 of 2023 dt.19-04-2024 3/3 per the schedule of the Act.

9. Since the dispute arises out of an agreement of the year 2021, 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) Sujit/- AFR/NAFR NAFR CAV DATE Uploading Date 20.04.2024 Transmission Date