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2021 Supreme(Pat) 461
IN THE HIGH COURT OF JUDICATURE AT PATNA
Sanjay Karol, J.
M/s Eleco Construction Private Limited - Appellant
Versus
The Union Of India & Ors. - Respondent
Request Case No. 68 of 2020
Decided On : 28-07-2021
Mr. Nand Kishore Singh, Advocate, for the Appellant; Mr. Kumar Priya Ranjan, Advocate, for the Respondent.
The court's power to appoint Arbitrators under Section 11(6) of the Arbitration and Conciliation Act, 1996 and the emphasis on expedited proceedings during the pandemic.
Headnote:
Arbitration - Appointment of Arbitrator - Summary
Fact of the Case:
The dispute between the Railways and a private contractor arose from an Agreement dated 01.12.2011 with an arbitration clause. The parties had to nominate an Arbitrator for adjudication of the disputes.
Finding of the Court:
The court appointed three learned Arbitrators as suggested by the Railways and directed the expedited hearing of the dispute, to be conducted through digital mode during the Covid-19 pandemic.
Issues: Appointment of Arbitrator, Expedited Hearing, Mode of Proceedings
Ratio Decidendi: The court invoked its powers under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint the Arbitrators and emphasized the need for expedited proceedings during the pandemic.
Final Decision: The court appointed three learned Arbitrators and directed the parties to cooperate for an expedited hearing, to be conducted through digital mode.
JUDGMENT
1. 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.
2. The dispute inter se the Railways and the private contractor emanates out of an Agreement dated 01.12.2011 read with supplementary agreement dated 12.04.2019, executed in relation to work contract. The agreement contains arbitration clause whereby the parties have to nominate the Arbitrator for adjudication of the disputes.
3. In terms of the Arbitration clause, following three names are suggested by the Railways: -
1. Shri Khichchu Mal (IRSE) Former PCE/CER
2. Shri K.B.L. Mittal (IRSME) Former GM/NER
3. Shri Ram Prakash Sharma (IRSEE) Retd.
PCEE/CR.
4. The contractor agrees for appointment of (1) Shri Khichchu Mal (IRSE) Former PCE/CER; (2)Shri K.B.L. Mittal (IRSME) Former GM/NER and (3) Shri Ram Prakash Sharma (IRSEE) Retd. PCEE/CR, as learned Arbitrator for adjudication of the dispute.
5. As such, as jointly prayed for, (1) Shri Khichchu Mal (IRSE) Former PCE/CER ; (2) Shri K.B.L.Mittal (IRSME) Former GM/NER and (3) Shri Ram Prakash Sharma (IRSEE) Retd. PCEE/CR are appointed as learned Arbitrators to adjudicate all disputes arising out of agreement dated 01.12.2011 entered into between the parties to the lis and the proceeding will be presided over by the senior most member amongst them.
6. All pleas and issues raised, on merits, are left open to be considered and decided by the learned Arbitrators.
7. Learned Arbitrators shall be entitled to fee as per the schedule.
8. Since the dispute arises out of an agreement of the year 2011, the hearing be expedited.
9. Parties undertake to fully cooperate and not take any unnecessary adjournment.
10. The proceedings, during the time of current Pandemic- Covid-19 shall be conducted through digital mode, unless the parties otherwise mutually agree to meet in person i.e. physical mode.
11. It is expected of the learned Arbitrators to decide the issues expeditiously.
12. Registrar (List) is directed to communicate the order to the learned Arbitrators.
13. Learned counsel for the parties also undertake to communicate the order to the learned Arbitrators. In fact, they volunteered to appear before them, through digital mode and apprise them of the passing of the order.
14. Parties shall file their statement of claims before the learned Arbitrators on such date of hearing which they may fix, as per mutual convenience.
15. The Request Petition stands disposed of in the above terms.
