Patna High Court
M/S Lallooji And Sons vs Bihar Rural Liverihood Promotion ... on 2 December, 2020
Author: Sanjay Karol
Bench: Chief Justice
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.30 of 2020
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M/s Lallooji and Sons a registered Partnership firm, having their Office at
Rajpath Club Road, P.R.L. Colony, Thaltej, Ahmedabad, Gujarat-380054 and
Head Office at No..1, Rambagh, Prayagraj-211003 (U.P.) (Partner Shri
Jagdish Kumar Agrawal r/o No.1, Rambagh, Prayagraj-211003 (U.P.)
Through its Manager, Ram Avtar Labheriya, Gender Male, aged about 60
Years, Son of Late Halke Prasad, resident of, 104, Chakdaud Nagar, Naini,
Prayagraj-211008, Uttar Pradesh
... ... Petitioner/s
Versus
Bihar Rural Liverihood Promotion Society, (A Society Under the Department
of Rural Development, Govt. of Bihar) 1st Floor Vidyut Bhawan, Bailey Road
Patna-800021 Through the Chief Executive Officer-Cum-Mission-Director
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Agrawal, Sr. Advocate
Mr. Kumar Ravish, Advocate
For the Respondent/s : Mr.Abhinav Srivastava, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date : 02-12-2020 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.
There is no dispute about-(a) the legality, validity and binding effect of the agreement dated 23rd of March, 2018 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.
Parties mutually agree for appointment of an Arbitrator. In fact, they themselves have suggested name of Patna High Court REQ. CASE No.30 of 2020 dt.02-12-2020 2/3 Hon'ble Mr. Justice Dinesh Kumar Singh (Former Judge of this Court) to adjudicate the dispute.
The dispute arises out of execution of Development Agreement dated 23rd of March, 2018.The agreement contained an arbitration clause, whereby the parties agreed for reference of the dispute inter se the parties, arising out of the said agreement, for arbitration as per law.
There is no legal impediment in the adjudication of the dispute by the learned Arbitrator.
As such, Hon'ble Mr. Justice Dinesh Kumar Singh (Former Judge of this Court) is appointed as learned Arbitrator to adjudicate all disputes arising out of agreement dated 23rd of March, 2018 entered into between the parties.
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.
Since the dispute arises out of the development agreement of the year 2018, the hearing is expedited.
Parties undertake to fully cooperate and not take any unnecessary adjournment.
The proceedings, during the time of current Patna High Court REQ. CASE No.30 of 2020 dt.02-12-2020 3/3 Pandemic- Covid-19 shall be conducted through digital mode, unless the parties otherwise mutually agree to meet in person i.e. physical mode.
It is expected of the learned Arbitrator to decide the issues expeditiously.
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. In fact, they volunteered to appear before him, through digital mode on 21 st of December, 2020 and apprise him of the passing of the 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.
The Request Petition stands disposed of in the above terms.
(Sanjay Karol, CJ) Ashwini/-
AFR/NAFR CAV DATE Uploading Date 04.12.2020 Transmission Date