M/S Patil Construction And Infrastructure Ltd., v. Union Of India,

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR ARBR No. 21 of 2020 M/s Patil Construction And Infrastructure Ltd., Having Its Office At 3rd Floor, PMPML Commercial Building No.1, Pune (Through Its Authorized Signatory, Shaliwan Chandrakant Surwase) ---- Applicant

Versus

1. Union of India, Through The Secretary, Ministry Of Road Transport And Highways, Transport Bhawan No.1, Parliament Street, New Delhi.

2. Chief Engineer (LWE) MORT & H, Transport Bhawan No.1, Parliament Street, New Delhi

3. Regional Officer (North), MORT & H, NH Campus, Pension Bada, Raipur Chhattisgarh.

4. The Superintending Engineer, PWD, Ambikapur Circle, Ambikapur Chhattisgarh.

5. Engineer Liaison Officer, MORT And H, NH Campus, Pension Bada, Raipur Chhattisgarh.

---- Respondents (Cause Title taken from Case Information System) For Applicant : Mr. Harsh Wardhan, Advocate.

For Respondent No. 1 to 3 & 5 : Mr. Ramakant Mishra, Assistant Solicitor General For Respondent No. 4 : Shri Chandresh Shrivastava, Deputy Advocate General Hon'ble Shri Arup Kumar Goswami, Chief Justice Order on Board 22/10/2021 This is an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short, Act of 1996) for appointment of Arbitrator. 2.

Heard Mr. Harsh Wardhan, learned counsel for the applicant, Mr. Ramakant Mishra, learned Assistant Solicitor General for respondents No. 1 to 3 and 5 as well as Mr. Chandresh Shrivastava, learned Deputy Advocate General for respondent No. 4.

3.

Learned counsel for the parties submit that in identical facts and circumstances, disputes relating to three contracts have been referred to the Sole Arbitrator (Hon'ble Mr. Satish K. Agnihotri, retired Chief Justice of the High Court of Sikkim), and therefore, the dispute between the parties in the present case may also be referred to Hon'ble Mr. Justice Satish K. Agnihotri. 4.

The applicant had raised a dispute in respect of construction of widening to two lanes in KM 0.00 to 50.00 Wadrafnagar-Janakpur-Balangi Road (SH-3) in Chhattisgarh (under LWE Project). In the notice for appointment of arbitrator dated 11.08.2020 (Annexure A/8 of the petition), it is stated by the applicant that an amount of Rs. 48 crores (approximately) is due from the respondents. Dispute has arisen in respect of the aforesaid amount.

5.

In view of the agreement between the parties, Hon'ble Mr. Justice Satish K. Agnihotri, retired Chief Justice of the High Court of Sikkim is appointed to act as the Sole Arbitrator between the parties.

6.

The Registry is directed to communicate this order to Hon'ble Mr. Justice Satish K. Agnihotri in the proper address.

7.

The remuneration of the Arbitrator shall be settled with the mutual consent of the parties.

8.

The arbitration application, accordingly, stands allowed. No order as to costs.

Sd/- (Arup Kumar Goswami) CHIEF JUSTICE Amit