Kashish Developers Limited v. The State of Bihar
Case at a glance
Outcome
Disposed of
The Request Petition stands disposed of in the above
Provisions considered
Judgment
The State of Bihar through the Principal Secretary-Cum-Commissioner, Building Construction Department, Government of Bihar, Patna.
The Engineer-in-Chief-Additional Commissioner-Cum-Special Secretary, Building Construction Department, Government of Bihar, Patna.
The Chiief Engineer, Building Construction Department, Government of Bihar, Patna.
The Supoerintending Engineer Building Division, Katihar, Building Construction Department, Bihar, Patna.
The Executive Engineer, Building Division, Katihar, Building Construction Department, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s
Mr.Ranjeet Kumar, Advocate : : Mr.Uday Shankar Sharan Singh, GP 19 For the Respondent/s ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 23-11-2022 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 (hereinafter referred to as the ‘Act’). Patna High Court REQ. CASE No.57 of 2022 dt.23-11-2022 Petitioner and the respondents entered into a written agreement dated 07.03.2017 (Annexure-1 Page 21). The said agreement contains an arbitration Clause- 25 (Page 117) for settlement of disputes, which the petitioner invoked, vide notice dated 13.04.2022 (Annexure-11, Page 331) to the respondents concerned for appointment of an Arbitrator to adjudicate the dispute between the parties. Today, there is no dispute about-(a) the legality, validity and binding effect of a written agreement dated
Operative part
07.03.2017 and subsequently 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 dispute; (g) the respondents having failed to appoint an Arbitrator pursuant to the invocation of the arbitration clause by the petitioner. As such, Hon’ble Mr. Justice S. Kumar, Former Judge of this Court, Mobile No. 9430001773, is appointed as learned Arbitrator to adjudicate all disputes arising out of agreement dated 07.03.2017 entered into between the parties to Patna High Court REQ. CASE No.57 of 2022 dt.23-11-2022 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 2017, it is expected of the learned Arbitrator to decide the issues expeditiously. Parties are directed to fully cooperate and not take any unnecessary adjournment. The proceedings shall be conducted through digital mode, unless the parties otherwise mutually agree to meet in person i.e. physical mode. Joint Registrar (List) is directed to immediately communicate the order to the learned Arbitrator. Learned counsel for the parties to communicate the order to the learned Arbitrator. Also, parties are directed to appear before him, through physical/digital mode on 19.12.2022 and apprise him of passing of this order. Parties shall file their statement of claims before the learned Arbitrator on such date of hearing which he may fix, as per mutual convenience. Patna High Court REQ. CASE No.57 of 2022 dt.23-11-2022 The Request Petition stands disposed of in the above terms. Interlocutory Application(s), if any, shall stand disposed of. (Sanjay Karol, CJ) Sujit/Ashwini AFR/NAFR CAV DATE Uploading Date Transmission Date
06.12.2022
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 above
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 23 Nov 2022. 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.