M/S Msv International Inc., v. The Principal Secretary Through

IN THE HIGH COURT OF JUDICATURE AT PATNA

REQUEST CASE No.121 of 2019 ====================================================== M/s MSV International Inc., having its Office at 514,515,516, 5th Floor, Sun City Success Tower, Golf Course Extension Road, Patna, Sector-65, Gurgaon, Haryana, through its Director Pushkar Malik, aged about 43 years, S/o P.K. Jain, MVS International Inc., Gurgaon, Haryana- 122001. ... ... Petitioner/s

Versus

The Principal Secretary through Central Design Organization, Road Construction Department, Government of Bihar, Vishweswarayya Bhawan, Bailey Road, Patna- 800015, through its Chief Engineer/Principal Officer. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Avanish Kumar Singh, Advocate.

For the Respondent/s :

Mr. Raj Ballabh Prasad Yadav (AAG- 11) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 16-09-2020 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. There is no dispute about-(a) the legality, validity and binding effect of the agreement dated 08.03.2007 entered into between the parties to the lis; (b) the existence of arbitration clause

Patna High Court REQ. CASE No.121 of 2019 dt.16-09-2020 2/3 contained therein; (c) the existence of dispute(s) arising there from.

As such, Hon'ble Justice Smt. Nilu Agrawal, former Judge of this Court is appointed as learned Arbitrator to adjudicate all disputes arising out of agreement dated 08.03.2007 entered into between the parties.

On the name of the learned Arbitrator, there can be no objection by either of the learned counsel for the parties. Parties undertake to appear before the learned Arbitrator through the mode of Video Conferencing and as permissible during the period of current Pandemic Covid-19. Parties also undertake to fully cooperate and agree to request the learned Arbitrator to complete the proceedings at the earliest, which request, this Court, trusts would be favorably considered.

Learned Registrar General shall ensure that a copy of this order is made available to the learned Arbitrator. Parties shall file their statement of claims before the learned Arbitrator on such date of hearing which he may fix, as per mutual convenience.

In fact, even during the period of current Pandemic Covid-19, subject to the convenience, arbitral proceeding can

Patna High Court REQ. CASE No.121 of 2019 dt.16-09-2020 3/3 commence and conclude using facility of video conferencing/other electronic mode.

Learned counsel for the parties also undertake to apprise the learned Arbitrator of the passing of the order. The Request Petition stands disposed of in the above terms.

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