Kundan Kumar v. The Bihar State Food And Civil Supplies Corporation Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

REQUEST CASE No.116 of 2024 ====================================================== Kundan Kumar Son of Late Chandra Bhushan Prasad Singh, Resident of Village- Saidi, Post Office- Badi, Police Station- Katrisarai, District- Nalanda. ... ... Petitioner/s

Versus

1.

The Bihar State Food and Civil Supplies Corporation Limited, Khadya Bhawan, Daroga Prasad Path, R-Block, Road No.- 2, Patna - 800001, through its Managing Director.

2.

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

3.

The District Manager, Bihar State Food and Civil Supplies Corporation Limited, Lakhisarai.

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

For the Petitioner/s :

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

Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL JUDGMENT Date : 02-05-2025 Heard the 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.

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3. The petitioner and the respondents entered into an agreement dated 02.11.2015. The said agreement contains an arbitration clause as Clause 17. The petitioner's firms invoked the arbitration clause by sending a notice under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator on 24.08.2024 (Annexure- P/2), but to no avail.

4. It is pleaded that the respondents have not settled the dispute till date and the dispute is of civil 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 therefrom; (d) the dispute arising out of the agreement therefrom; (d) they 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

3/4 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, Hon'ble Mr. Justice Samarendra Pratap Singh, former Judge of the Patna High Court is appointed as the learned Arbitrator to adjudicate all disputes arising out of the agreement entered into between the parties to the lis.

7. All the 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 per the schedule of the Act.

9. Since the dispute arises out of an agreement of the year 2015, 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.

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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 parties.

14. The Request Petition stands disposed off in the above terms.

(Ashutosh Kumar, ACJ) Sauravkrsinha/ Praveen-IIAFR/NAFR NAFR CAV DATE NA Uploading Date 03.05.2025 Transmission Date NA