Patna High Court - Orders
Virendra Prasad Sah vs The Managing Director, Bihar State Food ... on 1 August, 2018
Author: Rajendra Menon
Bench: Chief Justice
IN THE HIGH COURT OF JUDICATURE AT PATNA
Request Case No.194 of 2017
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M/s Shivam Rice Mill through its Proprietor Dinesh Kumar Son of Sri
Mahesh Lal Sah Resident of Village- Prasad Narmatola, Post Office-
Pakhnaha Sri Ram, Police Station- Minapur, Block- Minapur, Sub Division
Muzaffarpur, East, District Muzaffarpur.
... ... Petitioner/s
Versus
1. The Bihar State Food And Civil Supplies Corporation Limited, Khadya
Bhawan Daroga Prasad Sah, R-Block, Road No. 2, Patna- 800001 through its
Managing Director.
2. The Managing Director, Bihar State Food and Civil Supplies Corporation
Limited, Khadya Bhawan, Daroga Rai Path, R- Block, Road No. 2, Patna
800001
3. The District Manager, Bihar State Food and Civil Supplies Corporation
Limited, Chandrika Lok Chowk Chandra Lok Hotel Premises Naya Tola,
Under Police Station- Kaji Mohammadpur, Muzaffarpur, District-
Muzaffarpur, Pin Code - 842002
... ... Respondent/s
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with
Request Case No. 62 of 2017
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Om Prakash, Son of Late Ram Prasad Singh, Proprietor of M/s Om Rice Mill,
resident of Village- Risiup, P.O. Risiup, P.S.- Risiup, District- Aurangabad.
... ... Petitioner/s
Versus
1. The Bihar State Food & Civil Supplies Corporation Limited through its
Managing Director, Office at Khadya Bhawan, Daroga Prasad Path, R- Block,
Road No. 2, Patna- 800001.
2. The Managing Director, Bihar State Food & Civil Supplies Corporation
Limited, Office at Khadya Bhawan, Daroga Prasad Path, R- Block, Road No.
2, Patna- 800001.
3. The District Manager, Bihar State Food & Civil Supplies Corporation
Limited, Aurangabad.
... ... Respondent/s
======================================================
with
Request Case No. 195 of 2017
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Dheeraj Kumar Singh Son of Narendra Singh Proprietor of Jai Maa Mini Rice
Mill, Simra resident of Village +P.O. +P.S.- Kutumba, District-
Aurangabad(Bihar).
... ... Petitioner/s
Versus
Patna High Court REQ. CASE No.194 of 2017(3) dt.01-08-2018
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1. The Bihar State Food And Civil Supplies Corporation Limited , Khadya
Bhawan Daroga Prasad Sah, R-Block, Road No. 2, Patna- 800001 through its
Managing Director.
2. The Bihar State Food and Civil Supplies Corporation Limited through its
M.D. Bihar at Patna.
3. The District Manager, Bihar State Food and Civil Supplies Corporation,
District Aurangabad(Bihar).
... ... Respondent/s
======================================================
with
Request Case No. 208 of 2017
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Virendra Prasad Sah Son of Sri Sushil Kumar Sah resident of village Karnaj,
P.S. Koransarai, District Buxar Proprietor of M/S Vaishnawi Enterprises,
Buxar.
... ... Petitioner/s
Versus
1. The Managing Director, Bihar State Food & Civil Supply Corporation
Limited, Khadya Bhawan, Daroga Prasad Rai Path, R - Block, Road No. 2
Patna - 800001.
2. The District Manager, Bihar State Food & Civil Supply Corporation Limited,
Buxar.
... ... Respondent/s
======================================================
with
Request Case No. 209 of 2017
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Kamlesh Yadav son of Mukti Ray Proprietor of M/s Raj Rice Mill, resident of
village - Chainpur, PO - Bhawanipur Bazar, P.S. - Adapur, District - East
Champaran.
... ... Petitioner/s
Versus
1. The Bihar State Food & Civil Supplies Corporation Limited through Its
Managing Director, Office at Khadya Bhawan, Daroga Prasad Path, R -
Block, Road No. 2, Patna - 800001.
2. The Managing Director, Bihar State Food & Civil Supply Corporation
Limited, Khadya Bhawan, Daroga Prasad Rai Path, R - Block, Road No. 2
Patna - 800001.
3. The District Manager, Bihar State Food & Civil Supplies Corporation
Limited, Motihari, District - East Champaran.
... ... Respondent/s
======================================================
with
Request Case No. 210 of 2017
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Patna High Court REQ. CASE No.194 of 2017(3) dt.01-08-2018
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Sanjit Prasad Son of Bharat Prasad resident of village Pandey Patti, P.S.
Buxar (M), District Buxar Proprietor of M/S Laxmi Mini Rice Mill, Pandey
Patti, Buxar.
... ... Petitioner/s
Versus
1. The Managing Director, Bihar State Food & Civil Supply Corporation
Limited, Khadya Bhawan, Daroga Prasad Rai Path, R - Block, Road No. 2
Patna - 800001.
2. The District Manager, Bihar State Food & Civil Supply Corporation Limited,
Buxar.
... ... Respondent/s
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with
Request Case No. 212 of 2017
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Smt. Kiran Kumar @ Kiran Devi @ Kiran Kumari wife of Satish Kumar
Singh Proprietor of M/s Khushi Mini Rice Mill, Resident of Village -
Khanethi, P.S. - Kudra, District - Kaimur.
... ... Petitioner/s
Versus
1. The Bihar State Food & Civil Supplies Corporation Limited through Its
Managing Director, Office at Khadya Bhawan, Daroga Prasad Path, R -
Block, Road No. 2, Patna - 800001.
2. The Managing Director, Bihar State Food & Civil Supplies Corporation
Limited, Khadya Bhawan, Daroga Prasad Path, R - Block, Road No. 2, Patna
- 800001.
3. The District Manager, Bihar State Food & Civil Supplies Corporation
Limited, District - Kaimur.
... ... Respondent/s
======================================================
with
Request Case No. 214 of 2017
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Shambhu Kumar son of Ram Charitra Sah Proprietor of M/s Shambhu Rice
Mill, Resident of Village - Bagha, P.S. - Nagar, District - Begusarai.
... ... Petitioner/s
Versus
1. The Bihar State Food & Civil Supplies Corporation Limited through Its
Managing Director, Office at Khadya Bhawan, Daroga Prasad Path, R -
Block, Road No. 2, Patna - 800001.
2. The Managing Director, Bihar State Food & Civil Supplies Corporation
Limited, Office at Khadya Bhawan, Daroga Prasad Path, R - Block, Road No.
2, Patna - 800001.
3. The District Manager, Bihar State Food & Civil Supplies Corporation
Limited, District - Sitamarhi.
... ... Respondent/s
Patna High Court REQ. CASE No.194 of 2017(3) dt.01-08-2018
4/7
======================================================
with
Request Case No. 222 of 2017
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Asheshwar Singh, S/o- Late Asharfi Singh, Prop; Santosh Mini Rice Mill,
R/o- Mauja Pankota, P.S.- Haraiya Raxaul, P.O.- Sighpur Haraiya, District-
East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of Food and
Consumers, State of Bihar, Patna.
2. The District Collector, East Champaran.
3. The Bihar State Foods and Civil Supplies Corporation Limited, through its
Managing Director, Sone Bhawan, Patna.
4. The District Manager, Bihar State Food and Civil Supply Corporation Ltd.,
East Champaran.
... ... Respondent/s
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with
Request Case No. 225 of 2017
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Mahendra Prasad, S/o- Sri Jaimangal Prasad Yadav, Prop- Vikash Rice Mill,
R/o- Village- Lakshamanama, P.O.- Saunaha, P.S.- Palanwan (Raxaul),
District- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of Food and
Consumers, State of Bihar, Patna.
2. The District Collector/ Magistrate, Darbhanga.
3. The Bihar State Foods and Civil Supplies Corporation Limited, through its
Managing Director, Sone Bhawan, Patna.
4. The District Manager, Bihar State Food and Civil Supply Corporation
Limited, East Champaran, Motihari.
... ... Respondent/s
======================================================
Appearance :
(In Request Case No. 194 of 2017)
For the Petitioner/s : Mr. Ramchandra Singh, Advocate
For the Respondent/s : Mr. Shailendra Kumar Singh, Advocate
(In Request Case No. 62 of 2017)
For the Petitioner/s : Mr. Sumeet Kumar Singh, Advocate
For the Respondent/s : Mr. Shailendra Kumar Singh, Advocate
(In Request Case No. 195 of 2017)
For the Petitioner/s : Mr. Birendra Kumar Singh, Advocate
For the Respondent/s : Mr. Shailendra Kumar Singh, Advocate
(In Request Case No. 208 of 2017)
For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate
For the Respondent/s : Mr. Shailendra Kumar Singh, Advocate
(In Request Case No. 209 of 2017)
Patna High Court REQ. CASE No.194 of 2017(3) dt.01-08-2018
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For the Petitioner/s : Mr. Sumeet Kumar Singh, Advocate
For the Respondent/s : Mr. Shailendra Kumar Singh, Advocate
(In Request Case No. 210 of 2017)
For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate
For the Respondent/s : Mr. Shailendra Kumar Singh, Advocate
(In Request Case No. 212 of 2017)
For the Petitioner/s : Mr. Sumeet Kumar Singh, Advocate
For the Respondent/s : Mr. Shailendra Kumar Singh, Advocate
(In Request Case No. 214 of 2017)
For the Petitioner/s : Mr. Sumeet Kumar Singh, Advocate
For the Respondent/s : Mr. Shailendra Kumar Singh, Advocate
(In Request Case No. 222 of 2017)
For the Petitioner/s : Mr. Krishna Mohan Mishra, Advocate
For the Respondent/s : Mr. Shailendra Kumar Singh, Advocate
(In Request Case No. 225 of 2017)
For the Petitioner/s : Mr. Krishna Mohan Mishra, Advocate
For the Respondent/s : Mr. Shailendra Kumar Singh, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL ORDER
3 01-08-2018These matters are placed before the Court today in the light of certain developments that have taken place after orders were passed by the Hon'ble Supreme Court on 29.01.2018 in Special Leave to Appeal Case No. 450/2018.
These applications were seeking constitution of an Arbitral Tribunal in the matter of dispute that has arisen between the applicant and the Bihar State Food and Civil Supplies Corporation in the matter of supply of rice and other products.
After hearing detailed argument and various objections, this Court appointed arbitrators in more than 200 cases and the arbitrators were seized of the matter. In the meanwhile, the Corporation approached the Hon'ble Supreme Court in Special Leave to Appeal No. 450/2018 and by a detailed order passed on 29.01.2018, even though Hon'ble Patna High Court REQ. CASE No.194 of 2017(3) dt.01-08-2018 6/7 Supreme Court upheld the order passed by this Court in the matter of constituting an Arbitral Tribunal and referring the matter for arbitration, but directed that not more than ten cases should be allotted to a single arbitrator. As a consequence of the aforesaid order passed, in cases where the arbitrators appointed by this Court on earlier occasions were allotted more than ten cases, they had returned the files to this Court after retaining ten cases for hearing of the matter. Considering the fact that there were not adequate number of arbitrators available for allotting ten cases as directed by the Hon'ble Supreme Court, this Court deemed it appropriate to direct the Registrar General of this Court to examine the availability of arbitrators, which included retired High Court Judges and retired Senior District Judges, so that allotment of ten cases to each arbitrator can be made keeping in view the quantification of the claim of each party. Accordingly, the office of the Registrar General after conducting a detailed exercise has submitted a list of cases to this Court along with a list of arbitrators who can be appointed.
If any file has not been returned or has been retained by the earlier arbitrator, the Registrar General to obtain it and refer it to the new arbitrator.
Accordingly, these applications are allowed and now Patna High Court REQ. CASE No.194 of 2017(3) dt.01-08-2018 7/7 Hon'ble Mr. Justice (Retd.) Madhvendra Saran is appointed arbitrator to adjudicate and deal with the issue in question.
The Arbitrator, in pursuance to this order, shall proceed in accordance with law.
(Rajendra Menon, CJ) K.C.Jha/-
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