ORAL JUDGMENT

Date: 19-04-2017

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.

2. For the sake of convenience, the documents and pleadings in the record of Request Case No.8 of 2016 are being referred to in this 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:

15. The second party agrees that in case, any amount found recoverable on account of default, loss, damage on the part of the second party, the said recoverable amount with interest will be recovered as Land Revenue under Bihar & Orissa