Patna High Court
Ilf Consulting Engineers Almondz ... vs M/S Bhagalpur Smart City Ltd on 14 October, 2020
Author: Sanjay Karol
Bench: Chief Justice
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.26 of 2020
======================================================
ILF Consulting Engineers Almondz Global Infra Consultant Ltd. (JV) having
its office at F 33/3, Okhla Industrial Area, Phase II, New Delhi-110020,
through its authorized signatory Shri Sudhakar Singh, aged about 59 years
(male), S/o Late Triloki Singh, R/o B-Block, B65, Sarita Vihar, P.S.-Sarita
Vihar, District-South East, New Delhi.
... ... Petitioner/s
Versus
1. M/s Bhagalpur Smart City Ltd. through its Managing Director/CEO, having
its office at Municipal Corporation Court Compound, Bhagalpur, P.S.-Sadar,
Dist-Bhagalpur.
2. The Managing Director/CEO, Bhagalpur Smart City Ltd. Municipal
Corporation Court Compound, Bhagalpur, P.S.-Sadar, Dist-Bhagalpur.
3. The State of Bihar through the Principal Secretary, Urban Development
Department.
4. The Principal Secretary, Urban Development Department, Govt. of Bihar,
Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saket Tiwary, Advocate
For the Respondent/s : Mr.Manish Kumar, Advocate
Mr.Rakesh Kr.Ambastha, AC to AAG-7
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date : 14-10-2020
Petitioner has prayed for the following relief(s):-
"To appoint/constitute the Arbitral
Tribunal in accordance with Clause 9 of the
contract agreement executed between the petitioner
and the respondent dated 02.08.2017."
The dispute emanates out of the agreement dated 2.8.2017
entered into by the petitioner, namely, ILF Consulting Engineers
Almondz Global Infra Consultant Ltd. (JV), and respondent
Patna High Court REQ. CASE No.26 of 2020 dt.14-10-2020
2/4
Nos. 1 and 2, namely, M/s Bhagalpur Smart City Ltd. and the
Managing Director/CEO, Bhagalpur Smart City Ltd.
The agreement contains an Arbitration Clause, which
reads as under:-
"9. SETTLEMENT OF DISPUTES
9.1 Amicable Settlement
The parties shall use their best efforts to
settle amicably all disputes arising out of or
in connection with the Contract or the
interpretation thereof.
9.2 Dispute Settlement
Any dispute between the Parties as to
matters arising pursuant to this Contract,
which cannot be settled amicably within
thirty (30) days after receipt by one Party of
the other Party's request for such amicable
settlement, may be submitted by either
Party for settlement, if the dispute(s) is not
resolved amicably then it shall be referred
to arbitration and shall be dealt as per the
provisions of the arbitration & conciliation
Act 1996."
Before this Court it is not disputed that an attempt for
amicable settlement was made but dispute could not be
resolved.
Parties jointly prayed that the dispute emanating out of
Patna High Court REQ. CASE No.26 of 2020 dt.14-10-2020
3/4
the agreement, civil in nature, be referred to the arbitration.
At this stage, learned counsel for the parties jointly
prayed that a retired Judge of Patna High Court, namely,
Hon'ble Justice Smt. Nilu Agrawal be appointed as an
Arbitrator to adjudicate the dispute.
No other plea raised or pressed.
Ordered accordingly.
Petition is disposed of in the following terms :-
(a) Dispute inter se the parties emanating out of the
agreement dated 2.8.2017 executed between the petitioner
and the respondents is referred to the arbitration of
Hon'ble Justice Smt. Nilu Agrawal, a former Judge of
Patna High Court;
(b) The proceedings, as parties agreed, can be
conducted through the mode of video conferencing;
(c) Parties undertake to appear before the learned
Arbitrator on 28.10.2020 through virtual or physical
mode. Further, fully co-operate and not take any
unnecessary adjournment ;
(d) The parties undertake to appraise the learned
Arbitrator of the passing of the order;
(e) whereafter the learned Arbitrator shall enter
Patna High Court REQ. CASE No.26 of 2020 dt.14-10-2020
4/4
appearance;
(f) This Court is hopeful that the disputes shall be
adjudicated at the earliest.
(g) Learned Arbitrator shall be entitled to fee as per the
prescribed schedule;
(h) Learned Registrar General shall ensure that a copy
of this order is made available to the learned Arbitrator(s)
positively through an electronic mode on or before
28.10.2020;
(i) Parties shall file their statement of claims before the learned Arbitrator(s) on such date of hearing, which they may fix, as per mutual convenience;
(j) No order as to costs. Interlocutory application, if any, stands disposed of.
(Sanjay Karol, CJ) pallavi/-
AFR/NAFR CAV DATE Uploading Date 16.10.2020 Transmission Date