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2022 Supreme(Jhk) 216

RAJESH SHANKAR
State of Jharkhand – Appellant
Versus
B. M. S. Associates – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sachin Kumar, Gaurav Raj.
For the Respondents: Ajit Kumar, Indrajit Sinha, Shresth Gautam.

ORDER :

1. The present writ petition has been preferred for quashing the order dated 15.02.2019 passed by the Civil Judge (Senior Division-II), Seraikella in Money Suit No. 07 of 2010(S), whereby the learned court below has appointed Vijay Kumar Srivastava, retired In-charge Chief Engineer, Rural Works Department, Government of Jharkhand as an arbitrator by recalling the earlier order dated 20.01.2018 whereby Late Anil Kumar, retired Chief Engineer, Government of Jharkhand was appointed as sole Arbitrator.

2. The factual background of the case, as stated in the writ petition, is that the respondent filed a suit being Money Suit No. 07 of 2010 in the Court of Sub-Judge, Seraikella against the petitioners seeking a decree of Rs. 56,17,093/- as detailed in schedule A, B and C of the plaint and also for cost of the suit. The petitioners filed an application before the said Court on 12.10.2012 through Additional Government Pleader (AGP) for referring the matter to an arbitrator under Clause 23 of the conditions of contract of the agreement, whereupon the court below vide order dated 22.04.2015 appointed Superintending Engineer, Subarnrekha Canal Circle, Jamshedpur (petitioner no. 3/defend

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