Anurag Kumar Jaiswal v. The State of Bihar
Case at a glance
- Order date
- 01 Feb 2023
- Bench
- SANJAY KAROL
Outcome
Disposed of
The Request Petition stands disposed of in the
Provisions considered
Judgment
Mr. Sanket, Advocate Mr. Vinay Mistry, Advocate Mr. Sanjay Kumar, Advocate Mr. S. Raza Ahmad, AAG-5 Mr. Md. Kamil Akhtar, A.C. to AAG-5 Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 01-02-2023 Heard learned counsel for the parties. 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. Petitioner and the respondent entered into a written agreement dated 07.10.2016 (Annexure-P/1, page-15). The said Patna High Court REQ. CASE No.24 of 2023 dt.01-02-2023 agreement contains an arbitration clause (Clause-21, page-19). The petitioner, invoked arbitration clause vide communication dated 03.06.2022 (Annexure-P/5 Page No. 25), but to no avail. It is pleaded that the respondents have not settled the dispute till date. The dispute is civil in nature, arising out of the agreement dated 07.10.2016 (Annexure-P/1, page-15). Today, there is no dispute about-(a) the legality, validity and binding effect of the written agreement dated
Operative part
07.10.2016 (Annexure-P/1, page-15) entered into between the parties to the lis; (b) the existence of arbitration clause contained therein; (c) the existence of dispute(s) arising there from; (d) the dispute arisen out of the agreement being civil in nature; (e) no legal impediment in the adjudication of the dispute by the learned Arbitrator; (f) Petitioner having exhausted the channel available for resolution of the dispute; (g) the respondent having failed to appoint an Arbitrator pursuant to the invocation of the arbitration clause by the petitioner. As such, Shri Kishore Prasad, District & Sessions Judge (Retired) is appointed as learned Arbitrator to adjudicate all disputes arising out of agreement dated 07.10.2016 Patna High Court REQ. CASE No.24 of 2023 dt.01-02-2023 (Annexure-P/1, page-15) entered into between the parties to the lis. All pleas and issues raised, on merits, are left open to be considered and decided by the learned Arbitrator. Learned Arbitrator shall be entitled to fee as per the schedule of the Act. Since the dispute arises out of an agreement of the year 2016, the hearing be expedited. Parties undertake to fully cooperate and not take any unnecessary adjournment. The issue of limitation is left open to be raised before the learned Arbitrator. It is expected of the learned Arbitrator to decide the issues expeditiously. Joint Registrar (List) is directed to communicate the order to the learned Arbitrator. Learned counsel for the parties also undertake to communicate the order to the learned Arbitrator. In fact, they volunteered to appear before him, through digital mode/physical mode on 20.02.2023 and apprise him of the passing of the order. Parties shall file their statement of claims before the learned Arbitrator on such date of hearing which he may fix, as Patna High Court REQ. CASE No.24 of 2023 dt.01-02-2023 per mutual convenience. The Request Petition stands disposed of in the above terms. Interlocutory Application(s), if any, shall stand disposed of. (Sanjay Karol, CJ) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date Transmission Date
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The Request Petition stands disposed of in the
Which statutory provisions did this judgment involve?
Arbitration and Conciliation Act, 1996 — s. 11(6).
Which court decided this case, and when?
Patna High Court, on 01 Feb 2023. The bench was SANJAY KAROL.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.