Phular Construction Private Limited v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

REQUEST CASE No.176 of 2019 ====================================================== Phular Construction Private Limited through Umesh Kumar Singh, Son of Sri Nand Kishore Singh, Resident of village and P.O.- Khabra (Near Railway Crossing No. 5), Majhaulia, Adarsh Nagar- 3, Road No. 3, P.S.- Sadar, District Muzaffarpur.

... ... Petitioner/s

Versus

1.

The Union of India through Chairman, Railway Board, New Delhi. 2.

The General Manager, East Central Railway, Hajipur, Vaishali (Bihar). 3.

Financial Advisor and Chief Account Officer (Con), Mahendru Ghat, Patna. 4.

The Chief Engineer (Con/East), Mahendrughat, Patna. 5.

The Executive Engineer (Con.), East Central Railway, Hajipur, (Vaishali), Bihar.

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

For the Petitioner/s :

Mr.Vikas Kumar For the Respondent/s :

Mr. Kumar Manish, Advocate.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 29-01-2020 By judgment dated 18.08.2018 passed in Request Case No. 11 of 2017, titled as Shashi Bhushan Jha Vs. East Central Railway & Ors. with Request Case No. 14 of 2017, titled as Phular Construction Private Limited Vs. The Union of India & Ors., a retired judge of this Court, namely, Hon'ble Mr. Justice V.Nath, was appointed as Arbitrator, who pursuant to his appointment as Chairman of the Bihar Land Tribunal, has expressed his inability to continue with the arbitration

Patna High Court REQ. CASE No.176 of 2019(2) dt.29-01-2020 2/2 proceedings.

As such, with the consent of the parties, Hon'ble Mr. Justice P.C.Jaiswal, a retired Judge of this Court, is appointed as an Arbitrator to execute the dispute inter se the parties in relation to the agreement, subject matter of Shashi Bhushan Jha (supra) and Phular Construction Private Limited (supra). Parties undertake to appear before the learned Arbitrator on 12.02.2020 and apprise him passing of the order. Proceedings shall be commenced from the stage it got left. Let the record of arbitral proceeding, as sent by Hon'ble Mr. Justice V.Nath (retired), be transmitted by the registry to the newly appointed Arbitrator.

Learned Arbitrator shall be entitled to fee as per schedule.

Petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) sujit/- U