Patna High Court
Sanjay Kumar Singh vs The Union Of India on 22 June, 2022
Author: Sanjay Karol
Bench: Chief Justice
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.12 of 2022
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Sanjay Kumar Singh Son of Sanjivan Sharma Resident of A-57 (Kab Khoti),
Sachiwalaya Colony, Kankarbag, District- Patna.
... ... Petitioner/s
Versus
1. The Union of India through Chairman, Railway Board, New Delhi.
2. The General Manager, East Central Railway, Hazipur, Vaishali, Bihar.
3. The Chief Engineer, East Central Railway, Danapur, Patna.
4. The Senior Divisional Engineer (3), East Central Railway, Danapur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Krishna Mohan Mishra, Advocate
For the Respondent/s : Dr. K.N. Singh (ASG)
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CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date : 22-06-2022
Despite our order dated 13.04.2022, no response
stands filed. The order dated 13.04.2022 is extracted
hereinbelow:
"Learned counsel for the petitioner refers to
and seeks reliance upon Clause 78(1) (Page 172),
containing an arbitration clause of written agreement
dated 23.02.2017 (Page-10, Annexure-4 to the
supplementary affidavit) as also the written
communication dated NIL (Annexure-2, page 90)
invoking the arbitration clause. Also, a reminder thereto
dated NIL (Page- 94).
Let reply be positively filed by the
respondents within a period of two weeks.
Rejoinder thereto, if any, be filed within a
Patna High Court REQ. CASE No.12 of 2022 dt.22-06-2022
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period of one week thereafter.
List on 18.05.2022."
Today, there is no dispute about-(a) the legality,
validity and binding effect of written agreement dated 23.02.2017
(Page-10, Annexure-4 to the supplementary affidavit) entered into
between the parties to the lis; (b) the existence of arbitration
Clause 78(1) (Page 172) 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 respondent having failed to appoint an
Arbitrator pursuant to the invocation of the arbitration clause by
the petitioner.
In view of the arbitration clause being available in the
agreement, I find that the matter requires arbitration and,
accordingly, invoking Section 11(6) of the Arbitration and
Conciliation Act, 1996, I hereby appoint Hon'ble Mr. Justice
S.J.Mukhopadhaya, Former Judge, Hon'ble Supreme Court of
India, Mobile No. 9973972073/8800555332, as learned
Arbitrator to adjudicate all disputes arising out of agreement
entered into between the parties to the lis.
Patna High Court REQ. CASE No.12 of 2022 dt.22-06-2022
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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 fees as per
the Fourth Schedule of the Arbitration Act.
Since the dispute arises out of an agreement of the
year 2017, it is expected of the learned Arbitrator to adjudicate
the disputes expeditiously.
Parties undertake to fully cooperate and not take
any unnecessary adjournment.
The proceedings, during the time of current
Pandemic- Covid-19 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 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
29.07.2022and 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.
Patna High Court REQ. CASE No.12 of 2022 dt.22-06-2022 4/4 The Request Petition stands disposed of in the above terms.
Interlocutory Application(s), if any, shall stand disposed of.
(Sanjay Karol, CJ) K.C.Jha/-
AFR/NAFR CAV DATE Uploading Date 12.07.2022 Transmission Date