IN THE HIGH COURT OF JUDICATURE AT PATNA REQUEST CASE No.128 of 2024 ======================================================

Jai Maa Saraswati Contractors Pvt. Ltd. shop No. 119/A 1^st Floor, Maharaja Kameshwar Complex, Frazer Road, Patna- 800001, through its Managing Director, Gautam Kumar, Male, Aged about 37, Son of Sri Dukhan Yadav, Resident of Primohani, Chhathi Gali, P.S.- Gandhi Maidan, District-

Patna.800003 ... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

2. The Bihar State Food and Civil Supplies Corporation Ltd Sone Bhawan, 5th Floor, Birchand Patel Path, Patna through its Managing Director.

3. The Chief Accounts Officer, Bihar State Food and Civil Supplies Corporation Ltd. Patna.

4. The District Manager, Bihar State Food and Civil Supplies Corporation Ltd, Patna ... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mrs. Nivedita Nirvikar, Sr. Advocate Mrs. Shashi Priya, Advocate Mr. Arya Achint, Advocate For the Respondent/s : Mr. Shailendra Kumar Singh, Advocate ======================================================

CORAM: HONOURABLE THE CHIEF JUSTICE

ORAL JUDGMENT

Date : 13-03-2026 This request case has been filed under Section 11(6)

of the Arbitration and Conciliation Act, 1996 (hereafter ‘1996 Act’) by Jai Maa Saraswati Contractors Pvt. Ltd. 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 17 of the agreement dated

15.04.2015.

2. It is the case of the petitioner that such agreement was executed between the petitioner and Respondent No.4 for entrusting the petitioner company as custodian and bailee during transport only of such stock of foodgrains and other essential commodities entrusted by the Respondent No. 4.

3. It is further case of the petitioner that the petitioner company in pursuance of the said agreement discharged his contractual obligation with full satisfaction. However, some dispute arose between the parties. Petitioner submitted an application dated 04.02.2016 requesting for payment of all the transportation bills. Though the District Manager of Bihar State Food and Civil Supplies Corporation Ltd., Patna sanctioned the payment of transportation bill presented by the petitioner but he made direction for deduction of some amount from the total bill amount. The petitioner filed several representations before the respondent for payment of transportation bill but no action was taken by the respondent. Being aggrieved by the non-payment of transportation bill, the petitioner filed writ petition before this Court being C.W.J.C. No. 23122 of 2018. The said writ petition was disposed of on 20.08.2019 giving liberty to the petitioner to agitate the grievances in terms of Clause-17 of the agreement. It is further case of the petitioner that the respondents have not appointed sole arbitrator and left the aforesaid dispute undecided till date.

4. 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.

5. The learned counsel for the respondents has filed counter affidavit wherein, in Paragraph Nos. 4 to 10 it is stated as follows:

“4. That the present petition has been filed by petitioner for appointment of sole independent arbitrator under clause 17 of the Agreement dated 15.4.2015.

5. That the petitioner was selected and appointed transport -cum- handling Agent since 2015 and work order issued dated 31.3.2015 as Annexure-1 to writ petition.

6. That therefore the petitioner has executed agreement on 15.4.2015 and contract period was fixed three years from the date of execution of agreement as clause

14.

7. That as per allegation of black listing of public food grain and violated the terms and condition as clause 2(d) and 2(e) of agreement and finally passed order