M/S Maurya Motors Private Ltd., v. The Bihar Urban Infrastructure Development Corporation Ltd.,

IN THE HIGH COURT OF JUDICATURE AT PATNA

REQUEST CASE No.7 of 2023 ====================================================== M/S Maurya Motors Private Ltd., through its Director Mohan Himatsingka aged about 69 years (male) son of late Ram Jiwan Himatsingka, registered office Plot C-1, Patliputra Industrial Area, Police Station- Patliputra, Patna800013 ... ... Petitioner/s

Versus

1.

The Bihar Urban Infrastructure Development Corporation Ltd., through its Managing Director, 2nd Floor, Khadya Bhawan, Daroga Rai Path, Road No. 2, R- Block, Patna- 1 2.

The Chief General Manager, Bihar Urban Infrastructure Development Corporation Ltd. 2nd Floor, Khadya Bhawan, Daroga Rai Path, Road No. 2, R- Block, Patna- 1 3.

The General Manager Finance, Bihar Urban Infrastructure Development Corporation Ltd. 2nd Floor, Khadya Bhawan, Daroga Rai Path, Road No. 2, R- Block, Patna- 1 4.

The Project Director (SIU-01), Bihar Urban Infrastructure Development Corporation Ltd. 2nd Floor, Khadya Bhawan, Daroga Rai Path, Road No. 2, R- Block, Patna- 1 5.

The Patna Municipal Corporation, through Municipal Commissioner, Patna Municipal Corporation, Patna.

6.

The Chief Executive Officer, Patna Municipal Corporation, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Prasad Singh, Advocate Mr. Rajeev Kumar, Advocate For the Respondent/s :

Mr. Prasoon Sinha, Advocate Mr. Ravindra Priyadarshi, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 25-08-2023 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.

Patna High Court REQ. CASE No.7 of 2023 dt.25-08-2023 2/3

3. Petitioner and the respondent entered into an agreement dated 22.04.2016 (Annexure-1). The said agreement contains an arbitration Clause-5.2.2. The petitioner invoked the said arbitration clause vide communication dated 17.11.2022 (Annexure-9), 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. 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 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, Hon'ble Mr. Justice Shyam Kishore Sharma, a former Judge of the Patna High Court, is appointed as learned Arbitrator to adjudicate all disputes arising out of agreement entered into between the parties to the lis.

Patna High Court REQ. CASE No.7 of 2023 dt.25-08-2023 3/3

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 per the schedule of the Act.

9. Since the dispute arises out of an agreement of the year 2016, 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 28.08.2023 Transmission Date