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2025 Supreme(Online)(Pat) 5745

PATNA HIGH COURT
Sudhir Singh, ACJ
Hindustan Construction Company Ltd. – Appellant
Versus
Bihar Rajya Pul Nirman Nigam Limited – Respondent


Advocates:
For the Petitioner/s:Mr. J.S. Arora, Sr. Advocate, Ms. Nivedita Chaudhary, Advocate
For the Respondent/s:Mr. P.K. Shahi, Sr. Advocate, Dr. Anand Kumar, Advocate

Table of Content
1. details of the contractual agreement and arbitration initiation. (Para 8 , 9)
2. judicial observations on efficiency and equity in arbitration. (Para 10)
3. appointment of new arbitrator and procedural directives. (Para 12 , 20)

11 16-12-2025 Re : I.A. No. 01 of 2025 Heard learned counsel for the parties.

2. The present interlocutory application is being filed on behalf of the petitioner seeking indulgence of this Court for substitution of the Arbitrator in terms of the order dated 28.11.2025 passed by the Hon’ble Supreme Court in SLP (C) No. 4211 of 2025, whereby the impugned order dismissing Request Case No. 53 of 2020 was set aside, and the said SLP (C) No. 4211 of 2025 was allowed.

3. The brief facts of the present case are that the petitioner entered into a works contract dated 04.03.2014, whereby Clause 25 of the said contract provided that the disputes arising between the parties shall be resolved through arbitration.

4. The petitioner by letter dated 18.09.2018, raised certain claims before the Deputy Chief Engineer, BRPNNL, for adjudication under Clause 25 of the said contract, but did not receive any response from the said authority. Further, a statutory appe

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