IN THE HIGH COURT OF JUDICATURE AT PATNA REQUEST CASE No.119 of 2024 ======================================================

M/s Aspirare Technologies Private Limited, through its Director, Mr. Lalit Narayan Jha.

... ... Petitioner/s Versus The Vice Chancellor of Dr. Rajendra Prasad Central Agricultural University ... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mrs. Archana Sinha @ Archana Shahi, Advocate For the Respondent/s : Mr. Vijay Shankar Upadhyay, Advocate ======================================================

CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER

4 13-02-2026 This case has been filed by the petitioner, Mr. Lalit Narayan Jha, with a prayer for appointment of a sole arbitrator to decide and adjudicate upon the dispute between the petitioner and the Respondent University arising out of a Contract/Agreement dated 19.05.2022. The petitioner further seeks a direction that the sole arbitrator so appointed, with the seat at Patna, receive fees and other expenses in terms of the provisions of the Arbitration and Conciliation Act, 1996; that the arbitrator adjudicate upon the disputes within a reasonable time frame; that all actions being taken by the Respondent against the petitioner be stayed till the disposal of the arbitration case; and that the Respondent be restrained from encashing the petitioner’s bank guarantee till the disposal of the arbitration proceedings.

2. It is the case of the petitioner that the Respondent conceptualized a web-based training programme to connect villages/farmers with Krishi Vigyan Kendras (KVKs) with the objective of educating and training them through live interactive sessions. To achieve this objective, the Respondent floated a tender, and the petitioner was found to be the successful bidder. The work was awarded to the petitioner by entering into an agreement on 20.05.2022, along with submission of a performance security guarantee, followed by issuance of a purchase order dated 24.05.2022.

3. The agreement contains a specific arbitration clause, which reads as follows:–

"8. Dispute Resolution: All disputes, differences, claims and demands arising under or pursuant to or touching work order/agreement shall be referred to the sole arbitrator appointed by the Vice Chancellor of the RPCAU, Pusa. The award of the sole arbitrator shall be final and binding on both the parties under the provisions of Arbitration and Conciliation Act, 1996 or by statutory modification re-enactment thereof for the time being in force. Such arbitration shall be held at Pusa, Samastipur. In all matters and disputes arising thereunder, the appropriate Courts in the State of Bihar shall have jurisdiction to entertain and try them."

4. Learned counsel submits that earlier the petitioner had approached this Court in C.W.J.C. No. 5057 of 2024, as a dispute had arisen with respect to the contract signed between the Respondent University and the petitioner. This Court, vide order dated 22.07.2024, disposed of the writ petition, inter alia, with further directions:-

"8. It would be premature for us to consider the same since we have directed a fresh show-cause notice to be issued and an explanation to be submitted by the petitioner, which has to be considered on its own merits. We cannot presume that the University would conclude in the same manner as in Annexure-P27 order. In any event, if the consequences arise as in Annexure-P27 order after the contract is declared void, then necessarily, the petitioner would have his remedy to seek for an arbitration, if there is an arbitration clause in the agreement, or approach the Civil Court."

5. It is submitted that, in pursuance of the said order, a show-cause notice was issued by the Respondent University, and the petitioner submitted its reply. However, as no response was received thereafter, the petitioner has filed the present request case.

6. A preliminary objection has been raised by the learned counsel for the Respon