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2018 Supreme(Pat) 1200
IN THE HIGH COURT OF JUDICATURE AT PATNA
VIKASH JAIN, J.
Aarpee Infra Project (P) Ltd. - Appellant
Versus
State of Bihar - Respondent
Civil Writ Jurisdiction Case No. 12224 of 2017
Decided On : 11-07-2018
For the Appellants :Alok Kumar Agrawal, Ms. Priya Gupta and Mr. Mohit Kumar Agrawal, Advocates
For the Respondents: Rakesh Kumar, JC to GP 19.
The court emphasized the importance of resolving the dispute through arbitration as per the agreement and the relevant legal framework provided by the Arbitration and Conciliation Act, 1996.
Headnote:
Arbitration - Contract Termination - The court appoints a retired judge as an arbitrator to resolve the disputes between the parties in accordance with the Arbitration and Conciliation Act, 1996
Fact of the Case:
The petitioner filed a writ petition against the termination of their contract and sought related reliefs.
Finding of the Court:
The court decided that the dispute should be settled through arbitration as per the agreement between the parties, appointing a retired judge as the arbitrator.
Issues: Termination of contract, appointment of arbitrator, continuation of interim order
Ratio Decidendi: The court's decision was based on the agreement between the parties, which provided for arbitration in accordance with the Arbitration and Conciliation Act, 1996.
Final Decision: The writ petition was disposed of, and the petitioner was directed to approach the appointed arbitrator within a specified period.
VIKASH JAIN, J.
1. The present writ petition has been filed against termination of the contract of the petitioner during its currency; and for connected reliefs.
2. This Court is of the view that the dispute may be taken up and settled through the forum of arbitration as contemplated in Clause 25 of the agreement between the parties which, inter alia, provides for conduct of arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time.
3. Learned counsel for the petitioner, in such eventuality, submits that the matter may be referred to arbitration by appointment of Hon'ble Mr. Justice Ramesh Kumar Datta, a retired Judge of this Court, his consent has been obtained by him. Learned counsel for the respondent-State has no objection in this behalf.
4. In the above circumstances, this Court appoints Hon'ble Mr. Justice Ramesh Kumar Datta, a retired Judge of this Court as Arbitrator to resolve the disputes between the parties. The petitioner shall approach the learned Arbitrator within a period of four weeks with statement of claims and the arbitration shall proceed in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
5. It is made clear that the interim order granted in terms of this Court's order dated 31.01.2018 shall continue until the matter is finally disposed of by the learned Arbitrator.
6. The writ petition stands disposed of.
