M/S Shivanandjee H. P. Gas Agency v. The Hindustan Petroleum Corporation Ltd. And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21411 of 2018 ====================================================== M/s Shivanandjee H. P. Gas Agency, Darbhanga represented through Proprietor Anand Mohan Jha, son of Sri Sushil Kumar Jha, resident of Ramanand Path, New Balbhadrapur, P.S. Leheriasarai, District-Darbhanga ... ... Petitioner/s

Versus

The Hindustan Petroleum Corporation Ltd. & Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Chandra For the Respondent/s :

Mr.Neeraj Kumar Gupta Dr. Pankaj ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-12-2018 The matter was adjourned to enable the learned counsel for the parties to arrive at a consensus regarding the name of the Arbitrator to be appointed in the present case for the purpose of deciding the disputes which have arisen between the parties pertaining to Agreement dated 14.10.2014, in view of the Arbitration Clause i.e. Clause No. 38, mentioned in the said agreement, for the purposes of settlement of disputes in between the parties.

The learned counsel for the parties have consented to the name of Shri Chitranjan Sinha, learned senior counsel of this Court, for the purpose of being appointed as an Arbitrator in order to adjudicate the claims/counter claims arising out of the aforesaid agreement dated 14.10.2014.

Patna High Court CWJC No.21411 of 2018(2) dt.20-12-2018 2/2 Having regard to the facts and circumstances of the case and the consensus reached in between the parties, I deem it fit and proper to appoint Shri Chitranjan Sinha, learned senior counsel of this Court, as an Arbitrator for the purposes of deciding the disputes/claims/counter claim arising out of the aforesaid agreement dated 14.10.2014. It is needless to state that the arbitral proceedings shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 as amended up to date.

Accordingly, the writ petition is disposed of with a further direction to the learned counsel appearing for the parties to produce a certified copy of the present order before the learned Arbitrator, as appointed herein above, on or before 11th January, 2019 so that the learned Arbitrator so appointed can commence the arbitral proceedings.

(Mohit Kumar Shah, J) S.Sb/- U