Patna High Court
M/S Kishan Freight Forwarders Through ... vs The Union Of India & Ors on 20 June, 2018
Author: Vikash Jain
Bench: Vikash Jain
Patna High Court MJC No.873 of 2018 dt.20-06-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.873 of 2018
IN
REQ. CASE 2 of 2014
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M/s Kishan Freight Forwarders through its Proprietor Kishan Kumar
Kukeraja son of Naryan Dar Kukeraja, office at 3A-57, W.E.A. Karol Bagh, Sat
nagar, State- New Delhi-110005.
.... .... Petitioner
Versus
1. The Union of India through the Divisional Railway Commercial Manager,
Samastipur,
2. The Chief Commercial Manager, Hajipur, East Central Railways, Hajipur,
Bihar.
3. The Divisional Railway Manager (Commercial) East Central Railways,
Hajipur.
4. The Senior Divisional Commercial Manager, Hajipur Division, East Central
Railways, Hajipur.
5. The Deputy Chief Commercial Manager, Hajipur Division, East Central
Railways, Hajipur.
6. The Chief Commercial Manager, East Central Railways, Hajipur, District-
Vaishali, Bihar.
7. The Assistant Commercial Manager, East Central Railways, Hajipur, District -
Vaishali, Bihar.
.... .... Opposite Parties
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Appearance :
For the Petitioner : Mr. Sumeet Kumar Singh
For the Opposite Parties : Mr. Anil Kumar Sinha, SC
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date: 20-06-2018
The present petition has been filed for modification of the
order dated 18.02.2016 passed in request case no. 02 of 2014 by
which, inter alia, Hon'ble Mr. Justice Shyam Kishore Sharma, a retired
Judge of this Court, was appointed as Arbitrator for resolving the
dispute between the parties.
Patna High Court MJC No.873 of 2018 dt.20-06-2018
2. Learned counsel for the petitioner submits that
Hon'ble Mr. Justice Shyam Kishore Sharma was subsequently
appointed as Lokayukta for the State of Bihar and has indicated his
inability to continue with the Arbitration proceeding. The question
whether the Lokayukta could continue in arbitration proceeding was
the subject matter of LPA No. 1546/2017 (M/s Maa Kali Civcon
Corporation Pvt. Ltd. Vs. The Union of India and others) disposed on
13.11.2017. It was observed that the issue was not free from conflict and controversy but the Court did not deem it the appropriate to enter into the details of the issue and observed that it would be sufficient if any other person is appointed as Arbitrator in exercise of jurisdiction under Article 226 of the Constitution of India.
3. Learned counsel for the opposite parties appears and has been heard. He has no objection if any other person is appointed as Arbitrator in place of Hon'ble Mr. Justice Shyam Kishore Sharma.
4. In the above view of the matter, the judgment dated 18.02.2016 passed in request case no. 02 of 2014 is modified in line with the observations in LPA No. 46 of 2017, only to the extent that in place of Hon'ble Mr. Justice Shyam Kishore Sharma, now Hon'ble Mr. Justice Ramesh Kumar Datta, another retired Judge of this Court is hereby appointed as Arbitrator whose consent has already been obtained, to continue the arbitration proceeding in place of Hon'ble Mr. Patna High Court MJC No.873 of 2018 dt.20-06-2018 Justice Shyam Kishore Sharma from the stage it was left by him.
5. The petition stands allowed.
(Vikash Jain, J)
Md. Ibrarul/BT
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Uploading 22.06.2018
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