SL RATHOUR HOTELS PRIVATE LIMITED v. Bihar State Tourism Development Corporation Ltd

Bihar State Tourism Development Corporation Ltd. through its Managing Director having its office at Beerchand Patel Path, Patna. The Managing Director, Bihar State Tourism Development Corporation Ltd. Beerchand Patel Path, Patna. The Additional General Manager, Bihar State Tourism Development Corporation Ltd. Beerchand Patel Path, Patna. The Manager, Hotel and Lodge, Bihar State Tourism Development Corporation Ltd., Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s :

Mr.Diwakar Prasad Singh, Advocate Mr. Amardeep Lokpriya, Advocate Ms.Anukriti Jaipuriyar, Advocate : For the Respondent/s ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date: 17-05-2023 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,

Petitioner and the respondents entered into an agreement dated 05.08.2021 (Annexure-6). The said agreement contains an arbitration Clause-58. The petitioner invoked the Patna High Court REQ. CASE No.33 of 2023 dt.17-05-2023 said arbitration clause, in view of the order dated 01.02.2023 passed in CWJC No. 18365 of 2022, titled as SL Rathour Hotels Private Limited Vs. Bihar State Tourism Development Corporation Ltd. (Annexure-14), but to no avail.

4. It is pleaded that the respondents have not settled the dispute till date and the dispute is of civil in nature.

Today, there is no dispute about-(a) the legality, validity and binding effect of the written agreement 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 arising 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, Hon’ble Mr. Justice Samrendra Pratap Singh, a former Judge of the Patna High Court, is appointed as learned Arbitrator to adjudicate all disputes arising out of agreement entered into between the parties to the lis. Patna High Court REQ. CASE No.33 of 2023 dt.17-05-2023

All pleas and issues raised, on merits, are left open to be considered and decided by the learned Arbitrator.

The 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 2021, the hearing be expedited.

The issue of limitation, if any, is left open to be raised before the Arbitral Tribunal.

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.

The Arbitral Tribunal shall issue notice to the respondents.