Patna High Court - Orders
Shila Devi @ Shrimati Sheela Devi vs Bihar State Food And Civil Supplies ... on 1 August, 2018
Author: Rajendra Menon
Bench: Chief Justice
IN THE HIGH COURT OF JUDICATURE AT PATNA
Request Case No.101 of 2017
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Shila Devi @ Shrimati Sheela Devi Wife of Rambabu Chaudhary, Proprietor
of M/s Jagdamba Rice Mill, Hasanpur, P.S. - Kundwa Chainpur, District -
East Champaran.
... ... Petitioner/s
Versus
1. Bihar State Food and Civil Supplies Corporation Ltd. through its Managing
Director, Veerchand Patel Marg, Patna.
2. The District Manager, Bihar State Food & Civil Supplies Corporation
Limited, East Champaran.
... ... Respondent/s
======================================================
with
Request Case No. 6 of 2017
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Ashok Kumar Singh
... ... Petitioner/s
Versus
The Bihar State Food And Civil Supplies Corporation Limited & Ors
... ... Respondent/s
======================================================
with
Request Case No. 158 of 2017
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Golden Rice Mills through its Proprietor Md. Shamim Alam, S/o Md. Kadir,
Resident of Village- Kayasth Tola, P.S. Saharasa, Dist.- Saharasa.
... ... Petitioner/s
Versus
1. The Bihar State Food and Civil Supplies Corporation Ltd. Patna, Birchand
Patel Path through its Managing Director.
2. The Managing Director, Bihar State Food and Civil Supplies Corporation Ltd.
Patna.
3. The District Manager, Bihar State Food and Civil Supplies Corporation,
Saharasa.
... ... Respondent/s
======================================================
with
Request Case No. 159 of 2017
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Braj Deo Ray, Son of Late Basudeo Ray, Proprietor of M/s Dewa Rice Mill,
Motihari, East Champaran, Resident of Village- Siswa, P.S.- Raxaul, District-
East Champaran.
... ... Petitioner/s
Patna High Court REQ. CASE No.101 of 2017(2) dt.01-08-2018
2/6
Versus
1. Bihar State Food & Civil Supplies Corporation Limited through its Managing
Director, Veerchand Patel Marg, Patna.
2. The District Manager, Bihar State Food & Civil Supplies Corporation Ltd.,
East Champaran.
... ... Respondent/s
======================================================
with
Request Case No. 160 of 2017
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Gayatri Devi, Wife of Arjun Singh, Proprietor of M/s Amhara Automatic
Rice Mill, Resident of Village- Amhara, P.S.- Bihta, P.S.- Amhara, District-
Patna.
... ... Petitioner/s
Versus
1. The Bihar State Food & Civil Supplies Corporation Limited through its
Managing Director, Office at Khadya Bhawan, Daroga Prasad Path, R- Block,
Road No. 2, Patna- 800001.
2. The Managing Director, Bihar State Food & Civil Supplies Corporation
Limited Office at Khadya Bhawan, Daroga Prasad Path, R- Block, Road No.
2, Patna- 800001.
3. The District Manager, Bihar State Food & Civil Supplies Corporation Limited
District- Patna.
... ... Respondent/s
======================================================
with
Request Case No. 161 of 2017
======================================================
Madan Mohan Sharma, Proprietor M/s Laxmi Rice Mill, Son of Late Shyam
Sunder Sharma, resident of Village Mirzapur, Police Station Sakurabad,
District- Jehanabad.
... ... Petitioner/s
Versus
1. The Bihar State Food & Civil Supplies Corporation Limited, Khadya
Bhawan, Daroga Prasad Path, R- Block, Road No. 2, Patna- 800001, through
its Managing Director.
2. The Managing Director, Bihar State Food & Civil Supplies Corporation
Limited Khadya Bhawan, Daroga Prasad Path, R- Block, Road No. 2, Patna-
800001.
3. The District Manager, Bihar State Food & Civil Supplies Corporation
Limited, Jehanabad.
... ... Respondent/s
======================================================
with
Request Case No. 162 of 2017
======================================================
Patna High Court REQ. CASE No.101 of 2017(2) dt.01-08-2018
3/6
Vinay Singh, S/o Bachan Singh, R/o Village- Mahadah, P.S.- Buxar (M),
District- Buxar, Proprietor M/s Singh Rice Mill, Mahadah, District- Buxar,
Bihar.
... ... Petitioner/s
Versus
1. The Bihar State Food & Civil Supplies Corporation Limited Khadya Bhawan,
Daroga Prasad Path, R- Block, Road No. 2, Patna- 800001through its
Managing Director.
2. The Managing Director, Bihar State Food & Civil Supplies Corporation
Limited Khadya Bhawan, Daroga Prasad Path, R- Block, Road No. 2, Patna-
800001.
3. The District Manager, Bihar State Food & Civil Supplies Corporation Limited
District- Buxar.
... ... Respondent/s
======================================================
with
Request Case No. 163 of 2017
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Shiv Pujan Mehta, Son of Ramrup Mehta, Proprietor of M/s Shubhan Mini
Rice Mill, Resident of Village- Deokali, P.O. + P.S.- Obra, District-
Aurangabad.
... ... Petitioner/s
Versus
1. The Bihar State Food & Civil Supplies Corporation Limited through its
Managing Director, Office at Khadya Bhawan, Daroga Prasad Path, R- Block,
Road No. 2, Patna- 800001.
2. The Managing Director, Bihar State Food & Civil Supplies Corporation
Limited Office at Khadya Bhawan, Daroga Prasad Path, R- Block, Road No.
2, Patna- 800001.
3. The District Manager, Bihar State Food & Civil Supplies Corporation Limited
District-Aurangabad.
... ... Respondent/s
======================================================
with
Request Case No. 164 of 2017
======================================================
Laldeo Kr. Mehta, Son of Rajaram Mehta, Proprietor of M/s Maa Laxmi Rice
Mill, Resident of Village- Deokali, P.O. + P.S.- Obra, District- Aurangabad.
... ... Petitioner/s
Versus
1. The Bihar State Food & Civil Supplies Corporation Limited through its
Managing Director, Office at Khadya Bhawan, Daroga Prasad Path, R- Block,
Road No. 2, Patna- 800001.
2. The Managing Director, Bihar State Food & Civil Supplies Corporation
Limited Office at Khadya Bhawan, Daroga Prasad Path, R- Block, Road No.
2, Patna- 800001.
Patna High Court REQ. CASE No.101 of 2017(2) dt.01-08-2018
4/6
3. The District Manager, Bihar State Food & Civil Supplies Corporation Limited
District- Aurangabad.
... ... Respondent/s
======================================================
with
Request Case No. 292 of 2017
======================================================
Hare Krishna Chaubey
... ... Petitioner/s
Versus
The Bihar State Food & Civil Supplies Corporation Limited Through Its
Managing Director & Ors
... ... Respondent/s
======================================================
Appearance :
(In Request Case No. 101 of 2017)
For the Petitioner/s : Mr. Ansul, Advocate
For the Respondent/s : Mr. Shailendra Kumar Singh, Advocate
(In Request Case No. 6 of 2017)
For the Petitioner/s : Mr. Sumeet Kumar Singh, Advocate
For the Respondent/s : Mr. Shailendra Kumar Singh, Advocate
(In Request Case No. 158 of 2017)
For the Petitioner/s : Mr. Ajay Kumar Sharma, Advocate
For the Respondent/s : Mr. Shailendra Kumar Singh, Advocate
(In Request Case No. 159 of 2017)
For the Petitioner/s : Mr. Anuj Kumar, Advocate
For the Respondent/s : Mr. Shailendra Kumar Singh, Advocate
(In Request Case No. 160 of 2017)
For the Petitioner/s : Mr. Sumeet Kumar Singh, Advocate
For the Respondent/s : Mr. Shailendra Kumar Singh, Advocate
(In Request Case No. 161 of 2017)
For the Petitioner/s : Mr. Sanjan Kumar Sharan, Advocate
For the Respondent/s : Mr. Shailendra Kumar Singh, Advocate
(In Request Case No. 162 of 2017)
For the Petitioner/s : Mr. Surendra Kumar Singh, Advocate
For the Respondent/s : Mr. Shailendra Kumar Singh, Advocate
(In Request Case No. 163 of 2017)
For the Petitioner/s : Mr. Sumeet Kumar Singh, Advocate
For the Respondent/s : Mr. Shailendra Kumar Singh, Advocate
(In Request Case No. 164 of 2017)
For the Petitioner/s : Mr. Sumeet Kumar Singh, Advocate
For the Respondent/s : Mr. Shailendra Kumar Singh, Advocate
(In Request Case No. 292 of 2017)
For the Petitioner/s : Mr. Naresh Chandra Verma, Advocate
For the Respondent/s : Mr. Shailendra Kumar Singh, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL ORDER
2 01-08-2018These matters are placed before the Court today in Patna High Court REQ. CASE No.101 of 2017(2) dt.01-08-2018 5/6 the light of certain developments that have taken place after orders were passed by the Hon'ble Supreme Court on 29.01.2018 in Special Leave to Appeal Case No. 450/2018.
These applications were seeking constitution of an Arbitral Tribunal in the matter of dispute that has arisen between the applicant and the Bihar State Food and Civil Supplies Corporation in the matter of supply of rice and other products.
After hearing detailed argument and various objections, this Court appointed arbitrators in more than 200 cases and the arbitrators were seized of the matter. In the meanwhile, the Corporation approached the Hon'ble Supreme Court in Special Leave to Appeal No. 450/2018 and by a detailed order passed on 29.01.2018, even though Hon'ble Supreme Court upheld the order passed by this Court in the matter of constituting an Arbitral Tribunal and referring the matter for arbitration, but directed that not more than ten cases should be allotted to a single arbitrator. As a consequence of the aforesaid order passed, in cases where the arbitrators appointed by this Court on earlier occasions were allotted more than ten cases, they had returned the files to this Court after retaining ten cases for hearing of the matter. Considering the fact that there were not adequate number of arbitrators available for allotting Patna High Court REQ. CASE No.101 of 2017(2) dt.01-08-2018 6/6 ten cases as directed by the Hon'ble Supreme Court, this Court deemed it appropriate to direct the Registrar General of this Court to examine the availability of arbitrators, which included retired High Court Judges and retired Senior District Judges, so that allotment of ten cases to each arbitrator can be made keeping in view the quantification of the claim of each party. Accordingly, the office of the Registrar General after conducting a detailed exercise has submitted a list of cases to this Court along with a list of arbitrators who can be appointed.
If any file has not been returned or has been retained by the earlier arbitrator, the Registrar General to obtain it and refer it to the new arbitrator.
Accordingly, these applications are allowed and now Mr. Gopal Krishna Jha (Retd.) District Judge is appointed arbitrator to adjudicate and deal with the issue in question.
The Arbitrator, in pursuance to this order, shall proceed in accordance with law.
(Rajendra Menon, CJ) K.C.Jha/-
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