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2017 Supreme(Online)(Pat) 33

Rajendra Menon, CJ
Sadhna Kumari – Appellant
Versus
The Bihat State Food and Civil Supplies Corporation Limited and Ors – Respondent


Advocates:
For the Appellants/Petitioners:Mr. P.K. Sahi, Sr. Advocate, Mr. Jitendra Singh, Sr. Advocate, Mr. N.K. Agrawal, Sr. Advocate, Mr. Sumeet Kumar Singh, Advocate, Mr. Abhiprav Singh, Advocate, Mr. Yash Singh, Advocate
For the Respondents:Mr. Aditya Prakash Sahay, Advocate

Table of Content
1. final order to allow applications and appoint arbitrator. (Para 4)

ORAL JUDGMENT

These are sixteen applications filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking constitution of an Arbitral Tribunal for adjudication of the dispute that has arisen between the parties in execution of an agreement and, as questions of law and fact are similar in all the cases, they are being disposed of by this common order.

3. The applicants herein and the Bihar State Food and Civil Supplies Corporation Limited, the respondents, entered into agreement for milling of paddy for Kharif marketing for the seasons 2012-2013. Annexure-1 dated 14.2.2013 is the agreement available on record and Clause 15 and 16 of the agreement, which are identical in all the cases read as under:

16. In case of disputes both parties agree to settle the issue(s) on mutual discussion. Failure to reach agreement the matter will be referred to arbitrator. It has been also agreed that the arbitrator will be District Collector of the concerned District whose decision shall be final, concerning the dispute referred to him.=

5. Petitioners challenged these proceedings by filing writ petitio

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