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2018 Supreme(Pat) 1200

VIKASH JAIN
Aarpee Infra Project (P) Ltd. – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellants :Alok Kumar Agrawal, Ms. Priya Gupta and Mr. Mohit Kumar Agrawal, Advocates
For the Respondents: Rakesh Kumar, JC to GP 19.

JUDGMENT :

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



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