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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20350 of 2021 ======================================================
South Bihar Power Distribution Company Limited (a Government of Bihar Undertaking) registered under the Companies Act, 1956 having its registered office at Vidyut Bhawan, Jawahar Lal Nehru Road, Patna-800021 through its Chief Engineer Commercial.
... ... Petitioner/s Versus Bhagalpur Electricity Distribution Company Private Limited a Private Limited Company registered under the Companies Act, 1956 having its registered office at 22, Abhinanda Nath Thakur Sarani, Block-A, 3rd floor Kolkata-700016 through its Assistant Manager (Legal) Sri Anshuman Mishra, S/o Sri Ram Kumar Mishra, resident of Bikhanpura, at P.O. and District-
Bhagalpur.
... ... Respondent/s ======================================================
with REQUEST CASE No. 147 of 2018 ======================================================
South Bihar Power Distribution Co. Ltd., through its Chief Engineer Commercial Sri Vijay Kumar a Company, a company registered under the Companies Act, 1956 having its office at Vidyut Bhawan, Jawahar Lal Nehru Road, P.S.- Kotwali, Town and District- Patna.
... ... Petitioner/s Versus
1. SPML Infra Ltd., a Public Limited Company incorporated under the Companies Act, 1956 having its Office at 22, Abanindra Nath Thakur Sarani (formerly known as Camac Street), Block- ‘A’, 3rd Floor, Kolkata-700016 (West Bengal).
2. Bhagalpur Electricity Distribution Co. Pvt. Ltd., incorporated under the Companies Act, 1956 having its office at Abanindra Nath Thakur Sarani formerly know and Camac Street, Block-A, 3rd Floor, Kolkata-700016 (West Bengal).
... ... Respondent/s ======================================================
with Civil Writ Jurisdiction Case No. 13762 of 2018 ======================================================
SPML Infra Limited, having its office at Abanindranath Thakur Sarani (formerly known and Camac Street), Block-A, 3rd Floor, Kolkata-700016 West Bengal, through its Deputy General Manager, Major (Retired) Gaje Singh, son of Late Mr. Hukum Singh, resident of House No. 7A, Kailash Enclave, Near Sangita Apartment, Shiv Puri Police Station Sastrinagar, Patna-
800023.
... ... Petitioner/s Versus
1. South Bihar Power Distribution Company Ltd., having its registered office at Vidyut Bhawan, Bailey Road, Patna through its Chief Engineer (Commercial).
2. Bhagalpur Electricity Distribution Company Private Limited, a company incorporated under the provisions of the Companies Act, 1956 having its office at Abanindranath Thakur Sarani (formerly known as Camac Street, Block-A, 3rd Floor, Kolkata-700016 (West Bengal) registered office at Vidyut Bhawan, Bailey Road, Patna, Bihar-800021.
... ... Respondent/s ======================================================
with Miscellaneous Appeal No. 635 of 2021 ======================================================
South Bihar Power Distribution Company Limited (a Government of Bihar Undertaking) registered under the Companies Act, 1956 having its registered office at Vidyut Bhawan, Jawahar Lal Nehru Road, Patna- 800021 through its Chief Engineer (Commercial).
... ... Appellant/s Versus
1. Bhagalpur Electricity Distribution Company Private Limited a Private Limited Company registered under the Companies Act, 1956 having its registered office at 22, Abhinanda Nath Thakur Sarani, Block- A, 3rd Floor Kolkata- 700016 through its Assistant Manager (Legal) Sri Anshuman Mishra S/o Sri Ram Kumar Mishra, Resident of Bikhanpura, at P.O. and District Bhagalpur.
2. Mr. Justice Chandramouli Kumar Prasad (a former Judge of the Supreme Court of India), Residing at 5, Sunehari Bagh Road, New Delhi.
3. Mr. Justice Prabir Kumar Samanata (a former Judge of the Calcutta High Court), Residing at 4/C, Kabir Road, Kolkata- 700026.
4. Mr. Justice Sudhir Kumar Katriar (a former Judge of the Patna High Court), Residing at Bailey Road, North of Planetarium, Patna- 800001.
... ... Respondent/s ======================================================
with Miscellaneous Appeal No. 638 of 2021 ======================================================
South Bihar Power Distribution Company Limited (a Government of Bihar Undertaking) registered under the Companies Act, 1956 having its registered office at Vidyut Bhawan, Jawahar Lal Nehru Road, Patna - 800021 through its Chief Engineer (Commercial)
... ... Appellant/s Versus
1. Bhagalpur Electricity Distribution Company Private Limited, a Private Limited Company registered under the Companies Act, 1956 having its registered office at 22, Abhinanda Nath Thakur Sarani, Block - A, 3rd floor Kolkata - 700016 through its Assistant Manager (Legal), Sri Anshuman Mishra, S/o Sri Ram Kumar Mishra, Resident of Bikhanpura, at P.O. and District - Bhagalpur.
2. Mr. Justice Chandramouli Kumar Prasad, (a former Judge of the Supreme Court of India), residing at 5, Sunchari Bagh Road, New Delhi.
3. Mr. Justice Prabir Kumar Samanata, (a former Judge of the Calcutta High Court), residing at 4/C, Kabir Road, Kolkata - 700026.
4. Mr. Justice Sudhir Kumar Katriar, (a former Judge of the Patna High Court), Residing at Bailey Road, North of Planetarium, Patna - 800001.
... ... Respondent/s ======================================================
with REQUEST CASE No. 5 of 2022 ======================================================
Bhagalpur Electricity Distribution Company Private Ltd. a Company Incorporated Under the Provisions of the Companies Act, 1956 having its Office at 22, Abanindranath Thakur Sarani (formerly known as Camac Street), Block-A, 3rd Floor, Kolkata-7000016 (West Bengal) registered office at Vidyut Bhawan, Bailey Road, Patna, Bihar-800021 through its authorized signatory Sri Amar Chand Bakliwal, (Male) aged about 67 years, Son of Late Subhag Mal Bakliwal, Resident of Gains at 22, Camac Street, Block A, 3rd Floor, P.S. Shakespare Sarani, Kolkata 700016.
... ... Petitioner/s Versus
1. South Bihar Power Distribution Company Ltd., having its registered office at Vidyut Bhawan, Bailey Road, Patna through its Chief Engineer (Commercial).
2. Chief Engineer (Commercial), South Bihar Power Distribution Company Ltd, Vidyut Bhawan, Bailey Road, Patna.
3. The Managing Director, South Bihar Power Distribution Company Ltd, Vidyut Bhawan, Bailey Road, Patna-21.
4. Engineer (Commercial), South Bihar Power Distribution Company Ltd, Vidyut Bhawan, Bailey Road, Patna-21.
... ... Respondent/s ======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 20350 of 2021)
For the Petitioner/s : Mr. Umesh Prasad Singh, Sr. Advocate Mr. Kumar Manish, Advocate Mr. Anand K. Ojha, Advocate Mr. Vaibhava Veer Shanker, Advocate For the Respondent/s : Mr. Ashish Giri, Advocate (In REQUEST CASE No. 147 of 2018)
For the Petitioner/s : Mr. Umesh Prasad Singh, Sr. Advocate Mr. Kumar Manish, Advocate Mr. Anand K. Ojha, Advocate Mr. Vaibhava Veer Shanker, Advocate For the Respondent No.1 : Mr. Pranav Kumar, Advocate For the Respondent No.2 : Mr. Ashish Giri, Advocate (In Civil Writ Jurisdiction Case No. 13762 of 2018)
For the Petitioner/s : Mr. Pranav Kumar, Advocate For the Respondent/s : Mr. Umesh Prasad Singh, Sr. Advocate Mr. Kumar Manish, Advocate Mr. Anand K. Ojha, Advocate Mr. Vaibhava Veer Shanker, Advocate For the Respondent No.2 : Mr. Ashish Giri, Advocate (In Miscellaneous Appeal No. 635 of 2021)
For the Appellant/s : Mr. Umesh Prasad Singh, Sr. Advocate Mr. Kumar Manish, Advocate Mr. Anand K. Ojha, Advocate Mr. Vaibhava Veer Shanker, Advocate For the Respondent/s : Mr. Ashish Giri, Advocate (In Miscellaneous Appeal No. 638 of 2021)
For the Appellant/s : Mr. Umesh Prasad Singh, Sr. Advocate Mr. Kumar Manish, Advocate Mr. Anand K. Ojha, Advocate Mr. Vaibhava Veer Shanker, Advocate For the Respondent/s : Mr. Ashish Giri, Advocate (In REQUEST CASE No. 5 of 2022)
For the Petitioner/s : Mr. Ashish Giri, Advocate For the Respondent/s : Mr. Umesh Prasad Singh, Sr. Advocate Mr. Kumar Manish, Advocate Mr. Anand K. Ojha, Advocate Mr. Vaibhava Veer Shanker, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA
CAV JUDGMENT
(Per: HONOURABLE MR. JUSTICE ARUN KUMAR JHA)
Date : 26-04-2023 In these bunch of cases, the issues are common and interrelated, as such, all have been heard together and are being disposed of by this common judgment. The reliefs sought by the petitioners are as under :
2. In CWJC No. 20350 of 2021 (South Bihar Power Distribution Company Limited vs. Bhagalpur Electricity Company Private Limited)
This petition has been filed by the South Bihar Power Distribution Company Limited (SBPDCL) under Article 227 of the Constitution of India. In the instant petition, petitioner has prayed for the following reliefs:- "(I) To quash and cancel the Judgment/order dated 25.09.2021 passed by Sri Sunit Datta Mishra in Arbitration case no. 1 of 2017 the learned District Judge being the Principal Civil Court within the meaning of section 2(e) of Arbitration and Conciliation Act, 1996 and a Commercial Court notified in accordance with section 3 of the Commercial Court, Commercial Division and Commercial Appellate Division of High Courts Act, 2015;
(II) To issue other interim and final order or orders, direction or directions, writ or writs as this Hon'ble Court may deem fit proper in the facts and circumstances of this case;"
3. Request Case No. 147 of 2018 (South Bihar Power Distribution Co. Ltd, through its Chief Engineer (Commercial)
vs. SPML Infra Ltd. and Anr.)
This petition has been filed by the South Bihar Power Distribution Co. Ltd. under Section 11(5) & (6) of the Arbitration and Conciliation Act, 1996. In the instant petition, petitioner has prayed for the following reliefs:-
"For appointment of an Arbitrator on behalf of the Respondent No. 1 before this Hon'ble Court in accordance with the 'Arbitration Agreement' as contained in Clause 17.2.5 and 17.2.6 of the 'Distribution Franchisee Agreement' dated 19th July, 2013 between the petitioner and the Respondent No. 1, whereas the proforma Respondent No. 2 being the Agent 'Special Purpose Vehicle' appointed by the Respondent No. 1 is a confirming party and/or an Agent or Respondent No. 1 to the said agreement."
4. CWJC No. 13762 of 2018 (SPML Infra Limited vs. South Bihar Power Distribution Company Ltd. and Anr)
This petition has been filed by the SPML Infra Limited under Article 226 of the Constitution of India. In the instant petition, petitioner has prayed for the following reliefs:-
"i) To issue a writ/order/
direction for quashing the notice under section 21 of the Arbitration and Conciliation Act, 1996 issued vide letter no. SBC366/2015/388 dated 11.06.2018 by the respondent South Bihar Power Distribution Company Limited through Chief Engineer (Commercial) by which dispute has been raised against the petitioner and seeking for resolving the same by way of arbitration.
(Annexure- 7).
ii) To hold and declare that the notice under section 21 of the Arbitration and Conciliation Act, 1996 issued vide letter no. SBC- 366/2015/ 388 dated 11.06.2018 by the respondent South Bihar Power Distribution Company Limited through Chief Engineer (Commercial) is wholly without jurisdiction as there is no arbitration clause with the petitioner in terms of the Distribution Franchise Agreement dated 19.07.2013 and also for the same an arbitration was already going on for the same dispute with M/s Bhagalpur Electricity Distribution Company Private Limited wherein Arbitration Case No. 106 of 2016 and hence they cannot be second arbitration in relation to the same dispute arising out of the same agreement. iii) To any other relief or reliefs for which the petitioner is found to be entitled in the facts and circumstances of the case.
5. M.A. No. 635 of 2021 (South Bihar Power Distribution Company Limited vs. Bhagalpur Electricity Distribution Private Limited)
This Misc. Appeal has been filed by the South Bihar Power Distribution Co. Ltd. under Section 37 of the Arbitration and Conciliation Act, 1996. In the instant appeal, the appellant has prayed for the following reliefs:-
"For quashing the judgment/ order date
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