M/S Kinetic Green Energy And Power ... vs M/S Patna Smart City Ltd on 3 August, 2022

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Patna High Court

M/S Kinetic Green Energy And Power ... vs M/S Patna Smart City Ltd on 3 August, 2022

Bench: Chief Justice

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                      REQUEST CASE No.77 of 2021
======================================================
M/s Kinetic Green Energy & Power Solutions Ltd. through its authorized
representative, having office at _______________ .

                                                            ... ... Petitioner/s
                                   Versus
M/s Patna Smart City Ltd. through its authorized representative, having office
at ____________ .

                                          ... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s   :        Mr. Dhaneshwar Prasad Gupta, Advocate
For the Respondent/s   :        Mr. Ranjit Kumar, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
 Date : 03-08-2022


                This       application   has     been     moved      seeking

 appointment of an Arbitrator invoking the powers of this Court

 under Section 11(6) of the Arbitration and Conciliation Act,

 1996.

                Today, there is no dispute about-(a) the legality,

 validity and binding effect of a written agreement dated

 10.04.2019

entered into between the parties to the lis; (b) the existence of arbitration clause 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.

Parties mutually agree for appointment of an Patna High Court REQ. CASE No.77 of 2021 dt.03-08-2022 2/3 Arbitrator to adjudicate the disputes.

The dispute arose out of execution of Agreement dated 10.04.2019. The agreement contained an arbitration clause, whereby the parties agreed for reference of the dispute inter se the parties, arising out of the said agreement, for arbitration as per law.

As such, Hon'ble Mr. Justice Shiva Kirti Singh, Former Judge, Supreme Court of India (Mobile No. 9899016327), is appointed as learned Arbitrator to adjudicate all disputes arising out of agreement dated 10.04.2019 entered into between the parties to the lis.

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 fee as per the schedule of the Act.

Since the dispute arises out of an agreement of the year 2019, the hearing be expedited.

Parties undertake to fully cooperate and not take any unnecessary adjournment.

It is expected of the learned Arbitrator to decide the issues expeditiously.

Joint Registrar (List) is directed to communicate Patna High Court REQ. CASE No.77 of 2021 dt.03-08-2022 3/3 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/physical mode on 29.08.2022 and 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.

The Request Petition stands disposed of in the above terms.

Interlocutory Application(s), if any, shall stand disposed of.





                                                                (Sanjay Karol, CJ)
Amrendra/PKP
AFR/NAFR
CAV DATE
Uploading Date          25.08.2022
Transmission Date

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