Jharkhand High Court
Jagraj Infrastructure Private Limited vs Ashoka Buildcon Limited And Ors on 5 May, 2022
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Arbitration Application No. 25 of 2019
Jagraj Infrastructure Private Limited ... ...Petitioner/Applicant
Versus
Ashoka Buildcon Limited and Ors. ...... Respondents
-------
CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
-------
For the Petitioner/Applicant : Mr. P. K. Deomani, Advocate
---------------------------
06/Dated 05th May, 2022 It has been submitted by the learned counsel for the applicant that all the defects have been removed, save and except, defect no.4.
It has further been submitted that so far as the defect no.4 is concerned, which pertains to filing of original/certified copy of the agreement which is having the arbitration clause, is in the possession of respondent no.1, as such, the said defect may be ignored.
Considering the aforesaid submission, defect no.4 pertaining to filing of original/certified copy of the agreement will be considered after appearance of the respondent no.1.
The instant application under Section 11(6) of the Arbitration and Conciliation Act, 1996 has been filed for appointment of arbitrator in terms of the arbitration clause having in the agreement as under
Clause 23.
Let notice be issued upon the respondent nos.1 and 2 both under registered cover with A/D as well as ordinary process, requisites to be filed within a week after summer vacation.
So far as the service of notice upon the respondent no.3 is concerned, submission has been made by the learned counsel for the applicant that the copy of the application has been served upon Mrs. Sweety Topno, learned counsel who appears for the NHAI.
Office is directed to reflect the name of Mrs. Sweety Topno, learned counsel in the daily cause list henceforth.2
Post this matter immediately after appearance of the concerned respondents.
(Sujit Narayan Prasad, J.) Saurabh