Anjani Kumar Singh vs. Umashankar Singh
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble The Acting Chief Justice
Listed On:
21 Mar 2025
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Order Text
IN THE HIGH COURT OF JUDICATURE AT PATNA REQUEST CASE No.60 of 2023
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Anjani Kumar Singh, Son of Late Rachandra Prasad Singh (Proprietor of M/s- Medicine Palace), R/o Indrapuri, Road no.-6, House no. 6/102, P.O.- Keshri Nagar, P.S.- Patliputra, District- Patna (Bihar).
... ... Petitioner/s
Versus Umashankar Singh, Son of Purushottam Prasad Singh, Village- Harail, P.S.- Mohiuddinnagar, District- Samastipur, Bihar-848501. Also at- Flat No. 203, Savitri Enclave, Maurya Path, Khajpura, Near- Shyamal hospital, P.S.- Rajiv Nagar, Patna- 800014.
... ... Respondent/s
| Appearance : | ====================================================== | |
|---|---|---|
| For the Petitioner/s | : | Mr. Kumar Nikhil, Advocate |
| For the Respondent/s | : | Mr. Kumar Kaushik, Advocate |
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL JUDGMENT
Date : 21-03-2025
Heard the learned counsel for the parties.
- Through this application, a request for
appointment of an Arbitrator in terms of Section 11 (6) of
the Arbitration and Conciliation Act, 1996 has been made.
- An agreement was entered into between
the parties, in which it was stipulated that in case of any dispute arising between them and such dispute not having been settled by themselves, the same shall be referred to the sole Arbitrator, as per the Arbitration and Conciliation Act, 1996 and the decision of the Arbitrator shall be
binding on by both the parties.
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In the agreement, an Arbitrator was nominated, namely, Mr. Manvendra Kumar Singh, S/O Harihar Singh, who has refused to be the Arbitrator.
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The parties are ad idem on the appointment of a neutral Arbitrator, preferably a retired High Court Judge, as there are many criminal cases pending against the parties and the dispute continues which has not been settled.
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Under the aforesaid circumstances, this Court appoints Hon'ble Mr. Justice Vijayeshwar Narayan Sinha, former Judge of the Patna High Court (Address B/187, Sahdeo Mahto Marg, S.K. Puri, Patna) to be the sole Arbitrator, who shall adjudicate all disputes arising out of the agreement.
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It would be open for the Arbitrator to decide all the disputes.
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Since it is an old matter pertaining to partnership disputes, it is expected that the hearing would
be expedited. Even the issue of limitation, if at all raised, would be decided by the Arbitrator.
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The learned Arbitrator shall be entitled to fee as per the schedule of the Act.
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The Joint Registrar (List) shall communicate the order to the Arbitrator.
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The parties also undertake to intimate the
Arbitrator about the passing of the present order, who shall, giving reasonable time, call upon the parties by issuing notice to them.
- The request petition stands disposed off in
the afore-noted terms.
(Ashutosh Kumar, ACJ)
manoj/krishna-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 25.03.2025 |
| Transmission Date | NA |
