Jai Maa Saraswati Construction Private Limited v. The Union of India through, Chairman, Railway Board, New Delhi
Case at a glance
- Order date
- 06 Dec 2024
- Bench
- K VINOD CHANDRAN
Outcome
Disposed of
The Request Petition stands disposed of in the
Provisions considered
Key paragraphs
- Para 1313. The Request Petition stands disposed of in the above terms. (K. Vinod Chandran, CJ) sharun/- AFR/NAFR CAV DATE Uploading Date Transmission Date
Judgment
The Union of India through, Chairman, Railway Board, New Delhi. The General Manager, East Central Railway, Hazipur, Vaishali, Bihar. The Divisional Railway Manager, East Central Railway, Danapur, Patna The Senior Divisional Engineer-3, East Central Railway, Danapur, Patna ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s For the Respondent/s
Mr. Prasoon Kumar, Advocate Dr. K. N. Singh, Additional Solicitor General Mr. Alok Kumar, CGC : : ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 06-12-2024 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 respondent entered into an agreement dated 09.02.2012 (Annexure-1). The said agreement contains an arbitration Clause-64. The petitioner invoked the Patna High Court REQ. CASE No.107 of 2024 dt.06-12-2024 said arbitration clause vide notice dated 13.09.2023 (Annexure- 5), but to no avail.
4. Going by the decision of the Hon'ble Supreme Court in Central Organisation for Railway Electrification v. M/s ECI SPIC SMO MCML (JV) A Joint Venture Company; in Civil Appeal Nos. 9486-9487 of 2019, the appointment of an Arbitrator from the panel supplied by the Railways cannot be proceeded with. The Hon'ble Supreme Court has also categorically stated that it should be a neutral Arbitrator.
As such, Hon’ble Justice Smt. Anjana Mishra, 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.
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 2012, 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 Patna High Court REQ. CASE No.107 of 2024 dt.06-12-2024 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.
Operative part
The Request Petition stands disposed of in the above terms. (K. Vinod Chandran, CJ) sharun/- AFR/NAFR CAV DATE Uploading Date Transmission Date
10.12.2024
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 06 Dec 2024. The bench was K VINOD CHANDRAN.
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.