IN THE HIGH COURT OF JUDICATURE AT PATNA REQUEST CASE No.52 of 2025 ======================================================

J. K. Engicon Private Limited a company having its head office at Hathua Chhawani, Chatardhari Bazar, P.S. Bhagwan Bazar, District - Chhapra, Bihar, duly represented by its Director Vikas Kumar Singh, aged about 37 years, Gender - Male, son of Jitendra Singh, Resident of Barwa Khurd, Daudpur, District -Saran, Bihar ... ... Petitioner Versus

1. The State of Bihar through the Secretary, Road Construction Department, Government of Bihar, Patna

2. The Engineer-In-Chief, Head-Quarter, Road Construction Department, 3rd Floor, Vishweshwaraiya Bhawan, Patna, Bihar

3. The Chief Engineer, North Bihar Wing, Road Construction Department, Patna, Bihar

4. The Superintending Engineer, Saran Circle, Road Construction Department, Patna, Bihar

5. The Executive Engineer, Chhapra Road Division, Road Construction Department, Patna, Bihar ... ... Respondents ======================================================

Appearance :

For the Petitioner : Mr. Prashant Kumar, Advocate Mr. Divyam Kumar, Advocate For the Respondents : Mr. Vikas Kumar, Advocate ======================================================

CORAM: HONOURABLE THE CHIEF JUSTICE

ORAL JUDGMENT

Date : 13-02-2026 This request case has been filed under Section 11(5)

and 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter ‘1996 Act’) by J.K. Engicon Private Limited with the prayer for appointment of an arbitrator for adjudication of dispute between the parties in accordance with the Arbitration Agreement as contained in Clause 25 of the Agreement No. 06-

SBD/2020-2021.

2. It is the case of the petitioner that such agreement was executed between the petitioner and Respondent no. 5 for execution of IRQP (Improvement of Riding Quality Programme) Work on the Ekma to Masrakh Road via Shajitpur, coverying KM0.000 to KM 31.60, under Road Division Chhapra for the year 2020-21, for a contract value of Rs.

24,98,74,047/- (at 16.95% below the BOQ rate).

Subsequently, a supplementary agreement to the said agreement was also executed between the parties for an additional sum of Rs. 87,76,528/- covering the Electrical Utility Shifting work alongside the main IRQP project.

It is further case of the petitioner that since some dispute arose between the parties, the petitioner issued a notice on 24.06.2025 seeking appointment of the arbitrator to the respondents for adjudication of the claims to the tune of Rs. 6,65,21,488/- (Rupees Six Crores Sixty-Five Lakhs Twenty-One Thousand Four Hundred Eight-Eight Only) in relation to arrears for work completed, approved deviations and/or extra work performed, price escalation and applicable taxes etc., under the Agreement No. 06-SBD/2020-21.

3. The respondents failed to respond to the request of the petitioner, and as such , the petitioner has filed this petition for appointment of the arbitrator.

4. The learned counsel for the State on behalf of the Respondent Nos. 1 to 5 has filed counter affidavit wherein a specific stand has been taken in paragraph nos. 5 and 16, which is as follows:

“5. That at the outset, it is submitted that the present application is not maintainable in view of judgment/order dated 05.10.2024 passed in Civil Review No. 181 of 2023 (State of Bihar vs. Kashish Developer Limited) by this Hon’ble Court.

16. That in reply to the statement made in Paragraph Nos. 15 and 16 of the petition, it is submitted that no arbitrator can be appointed under Section 11 of Arbitration and Conciliation Act, 1996 as there is no such provision in the contact as has been held in the matter of Civil Review No. 181 of 2023, State of Bihar vs. Kashish Developers Limited, by this Hon’ble Court (supra).”

4.1. The learned counsel for the State also placed the decision of this Court in the aforesaid Civil Review Case No.

181 of 2023 wherein it is held in paragraph no. 15 as follows:

15. On the above reasoning, this Court finds that the present cases are almost simi