Jharkhand High Court
Somdatt Builders P Ltd And Shrinet And ... vs The State Of Jharkhand Through The ... on 7 January, 2016
Author: D.N. Patel
Bench: D.N. Patel
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Arbitration Application No.07 of 2014
M/s. Data Alloys Ltd., Dhaiya, Dhanbad ... ... Applicant
Versus
Steel Authority of India Limited and another ... Respondents
CORAM: HON'BLE MR. JUSTICE D. N. PATEL
For the Applicant: Ms. Amrita Sinha
For the Respondents: J.C. to Mr. Rajiv Ranjan
10/Dated: 07th January, 2016
Per D.N. Patel, J.
1) Despite the Arbitration Application has been preferred in the year 2014, till today, office defects have not been removed.
2) Hence, this application is dismissed for want of removal of defects.
Manoj/ (D. N. Patel, J) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cont. Case (Civil) No.156 of 2013 Helena Lakra ... ... ... ... ... ... Petitioner Versus The State of Jharkhand and others ... ... ... Opp. Parties CORAM: HON'BLE MR. JUSTICE D. N. PATEL For the Petitioner: Mr. Ramadhar Prasad Srivastava For the Respondents: M/s. J.C. to A.G. 02/Dated: 07th January, 2016 Per D.N. Patel, J.
1) Learned counsel for the petitioner, upon instructions from his client, does not want to press this application.
2) Hence, this contempt application is disposed of as not pressed at this stage.
Manoj/ (D. N. Patel, J) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cont. Case (Civil) No.151 of 2013 Nageshwar Prasad TYiwari... ... ... ... Petitioner Versus The State of Jharkhand and others ... ... ... Opp. Parties CORAM: HON'BLE MR. JUSTICE D. N. PATEL For the Petitioner : M/s. Rupesh Singh, A.K. Tiwari For the Opp. Parties: M/s. J.C. to G.P.IV 03/Dated: 07th January, 2016 Per D.N. Patel, J.
1) Learned counsel for the petitioner, upon instructions from his client, does not want to press this contempt application.
2) Hence, this application is disposed of as not pressed at this stage.
Manoj/ (D. N. Patel, J) IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No.196 of 2013 Somdatt Builders (P) Ltd and Shrinet & Shandilya Construction (P) Ltd. (JV), Ranchi Ring Road Project, having Office at Neelanchal Compound, Piska More, Ratu Road, Ranchi ... ... ... ... Petitioner Versus The State of Jharkhand and others ... ... Opp. Parties CORAM: HON'BLE MR. JUSTICE D. N. PATEL For the Petitioner: M/s. Kumar Vimal, Ajay Kr Sah For the Opp. Parties: J.C. to S.C. (Mines) 03/Dated: 07th January, 2016 Per D.N. Patel, J.
1) Counsel for the petitioner submitted that this application has become infructuous.
2) Hence, this application is dismissed as being infructuous.
Manoj/ (D. N. Patel, J) IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No.487 of 2010 Nikhil Mandal and another ... ... ... ... Petitioners Versus The State of Jharkhand and others ... ... ... Opp. Parties CORAM: HON'BLE MR. JUSTICE D. N. PATEL For the Petitioners: Mr. R.M. Singh For the Opp. Parties: J.C. to S.C.II 04/Dated: 07th January, 2016 Per D.N. Patel, J.
1) This C.M.P. has been preferred in the year 2010, but, till today, the office defects have not been removed.
2) Hence, this petition is dismissed for want of removal of office defects.
Manoj/ (D. N. Patel, J) IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No.697 of 2012 Dinesh Pd. Sinha and others ... ... ... Petitioners Versus The State of Jharkhand and others ... ... Opp. Parites CORAM: HON'BLE MR. JUSTICE D. N. PATEL For the Petitioners: Mr. S.S. Choudhary For the Opp. Parties: J.C. to S.C.II 04/Dated: 07th January, 2016 Per D.N. Patel, J.
1) Despite the C.M.P. has been preferred in the year 2012, till today, the office defects have not been removed.
2) Hence, this petition is dismissed for want of removal of office defects.
Manoj/ (D. N. Patel, J) IN THE HIGH COURT OF JHARKHAND AT RANCHI Arbitration Appeal No.05 of 2014 B.N. Hotels (P) Ltd., Jharia, Dhanbad ... ... Appellant Versus M/s. Shri Ram Multicom Pvt Ltd... ... ... ... Respondent CORAM: HON'BLE MR. JUSTICE D. N. PATEL For the Appellant: M/s. Lukesh Kumar, A.K. SIngh For the Respondent: Mr. Ashutosh Anand 10/Dated: 07th January, 2016 Per D.N. Patel, J.
1) Despite the Arbitration Appeal filed in the year 2014, till today the office defects have not been removed.
2) Hence, this Arbitration Appeal is dismissed for want of removal of office defects.
Manoj/ (D. N. Patel, J) IN THE HIGH COURT OF JHARKHAND AT RANCHI I.A. No.3102 of 2015 In Arbi. Appeal No.07 of 2014 M/s. P.K. Ramaiah & Co., ... ... ... Appellant Versus Rail India Technical & Economic Services... Respondent CORAM: HON'BLE MR. JUSTICE D. N. PATEL For the Appellant: M/s. M.S. Mittal, Shilpi John, Naveen, Ankit Bajaj, Rahul Lamba For the Respondent:
07/Dated: 07th January, 2016 Per D.N. Patel, J.
1) This interlocutory application under Section 5 of the Limitation Act has been filed by the appellant for condonation of delay of 30 days in preferring the instant appeal.
2) Having heard learned counsel and looking to the reasons stated in paragraph 4 of the interlocutory application, there are reasonable reasons for condoning the delay in preferring the appeal.
3) Accordingly, I.A. No. 3102 of 2015 is allowed and delay in filing the instant appeal is condoned.
4) Registry is directed to enlist Arbitration Appeal No.07 of 2014 under the heading 'For Admission' on 14th January, 2016.
Manoj/ (D. N. Patel, J) IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No.123 of 2014 The Fertilizer Corporation of India Limited ... Petitioner Versus Rajesh Mohan ... ... ... ... ... Opp. Party CORAM: HON'BLE MR. JUSTICE D. N. PATEL For the Petitioner: M/s. J.P. Sinha For the Opp. Party:
04/Dated: 07th January, 2016 Per D.N. Patel, J.
1) Despite the C.M.P. has been preferred in the year 2014, till today, the office defects have not been removed.
2) Hence, this petition is dismissed for want of removal of office defects.
Manoj/ (D. N. Patel, J) IN THE HIGH COURT OF JHARKHAND AT RANCHI Arb. Application No.16 of 2014 M/s. Zoom Developers (P) Ltd., a Company incorporated under the Indian Companies Act, 1956, having its registered Office at 7th Floor, Chetak Centre, 12/2, R.N.T. Marg, P.O. GPO, P.S.: South Tukogunj, Town: Indore 452001, Dist: Indore, Madhya Pradesh through its Assistant General Manager Rupendra S Patwardhan, S/o Shri S R Patwardhan, aged about 51 years, R/o 'SMRUTI' 1st Floor, Ram Maruti Road, PO & PS Naupada, Thane (West) 400 602, Maharashtra.
... ... ... Appellant
Versus
1. The Jharkhand State Electricity Board through its Chairman
2. The Managing Director, M/s Jharkhand Urja Sancharan Nigam Limited, Dhurwa, Ranchi
3. The Chief Engineer (Transmission), Jharkhand State Electricity Board, Dhurwa, Ranchi
4. The General Manager (Special Projects), Jharkhand State Electricity Board, Dhurwa, Ranchi ... ... ... ... ... ... Respondents CORAM: HON'BLE MR. JUSTICE D. N. PATEL For the Petitioner: Mr. Manish Mishra For the Respondents: J.C. to A.A.G. 05/Dated: 07th January, 2016 Per D.N. Patel, J.
1) This application has been preferred under Subsection (6) of Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator in pursuance of Clause 3.8 of the Agreement, arrived at between the parties, which is at Annexure 1 to the Memo of this Arbitration Application.
2) Having heard learned counsels for both sides and looking to the facts and circumstances of the case, it appears that the dispute 2 arose between the applicantContractor and the respondents and there being an arbitration clause, notice has already been given by the applicant, which is Annexure 18 to the Memo of this Arbitration Application. The said notice is dated 20th June, 2014 and despite this notice, no Arbitrator has been appointed by the respondents and, hence, I hereby appoint Hon'ble Mr. Justice Amareshwar Sahay (Former Judge of this High Court) as an Arbitrator to resolve the dispute between the parties.
3) Learned Arbitrator is requested to resolve the dispute between the parties as early as possible, preferably within a period of six months from the date of commencement of the arbitration proceedings.
4) Both the parties have agreed that they shall cooperate in the hearing before the learned Arbitrator and they shall not ask for any unnecessary adjournments.
5) This Arbitration Application is allowed and disposed of.
Manoj/ (D. N. Patel, J)