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Patna High CourtREQ. CASE/120/2019rejected

Sanjit Prasad @ Sanjeet Prasad, v. The Bihar State Food And Civil Supplies Corporation Limited,

2019-10-25The Chief Justice-2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

REQUEST CASE No.120 of 2019 ====================================================== Sanjit Prasad @ Sanjeet Prasad, Age- 44 years, Male, S/o Bharat Prasad, Resident of Village- Pandey Patti, P.S.- Buxar (M), District- Buxar, Bihar. ... ... 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, Bihar State Food and Civil Supply Corporation Limited, Khadya Bhawan, Daroga Prasad Path, R- Block, Road No. 2, Patna- 800001. Bihar.

3.

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

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

For the Petitioner/s :

Mrs.Sudha Chandra, Advocate For the Respondent/s :

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 25-10-2019 The Arbitrator has refused to proceed and has consigned the matter terminating the proceedings on 05.08.2019 as the parties failed to deposit the Arbitrator's fees. The order dated 05.08.2019 is reproduced hereinunder:- Arbitration Case No. 6 of 2018 (In the matter of Request Case No. 210 of 2017, in the High Court of Judicature at Patna.) Sanjeet Prasad Proprietor of M/s Laxmi Mini Rice Mill....... Petitioner Vs.

Managing Director, Bihar State Food and Civil Supplies Corporation Ltd. and one

Patna High Court REQ. CASE No.120 of 2019(2) dt.25-10-2019 2/2 other.

Respondents 05.08.2019 (XXXIIth Sitting) Fees and administrative expenses of the arbitrator has not been deposited by either party. Considering the previous order sheets I find that the continuation of proceeding has now become unnecessary.

In the circumstances the arbitral proceeding is accordingly terminated.

Sd/- (Justice Madhavendra Saran) Arbitrator Once the arbitration has been terminated, there is no occasion for this Court to appoint a fresh Arbitrator. The application is accordingly rejected.

(Amreshwar Pratap Sahi, CJ) P.K.P./- U