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Judgment
Vide order dated 15.09.2021, the dispute inter se the parties were referred for arbitration with the appointment of Shri Bidhu Bhushan Pathak, District and Sessions Judge (Retired), as an Arbitrator. The learned Arbitrator has expressed his inability to adjudicate the disputes in view of his appointment as the President of the District Consumer Commission, Patna.
In view of the same, with the consent of the parties, the dispute inter se the parties arising out of the Agreement dated 04.04.2011 is referred to the arbitration of Hon’ble Mr. Justice Shailesh Kumar Sinha, a former Judge of this Court.
Accordingly, with the consent of the parties, Hon’ble Mr. Justice Shailesh Kumar Sinha, a former Judge of this Court, is appointed as learned Arbitrator to adjudicate all disputes arising out of agreement dated 04.04.2011 entered into between the parties to the lis.
All pleas and issues raised, on merits, are left open to be considered and decided by the learned Arbitrator.
Learned Arbitrator shall be entitled to fee as per the Act.
Since the dispute arises out of an agreement of the year 2011, the hearing be expedited.
Parties undertake to fully cooperate and not take any unnecessary adjournment.
It is expected of the learned Arbitrator to decide the issues expeditiously.
Joint Registrar (List) is directed to communicate the order to the learned Arbitrator.
Learned counsel for the parties also undertake to communicate the order to the learned Arbitrator.
In fact, they volunteered to appear before him on 25th April, 2022 and apprise him of the passing of the order.
Parties shall file their statement of claims before the learned Arbitrator on such date of hearing which he may fix, as per mutual convenience.
Interlocutory Application(s), if any, shall stand disposed of.