High CourtsSingle Bench

M/S Sharda Construction vs State Of Bihar

Patna High Court · Decided on 8 September 2021 · Citation: (2021) 09 PAT CK 0034

HON’BLE JUDGES
Sanjay Karol, CJ
ACTS & SECTIONS REFERRED
Arbitration And Conciliation Act, 1996 — Section 11(6)
RESULT
Disposed Of
CASE NUMBER
Request Case No. 38 Of 2021
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Judgment

8 paragraphs · 151 words

This application has been moved seeking appointment of an Arbitrator invoking the powers of this Court under Section 11(6) of the Arbitration and Conciliation Act, 1996.

The  agreement  dated  7th   of  September,  2015 (Annexure-1), entered into between the parties, contains the following arbitration clause:-

It is quite apparent that the mechanism provided therein has not been complied with.

Learned counsel for the petitioner states that the petitioner be permitted to comply with the same.

Permission granted.

Let the petitioner exhaust the mechanism provided in Clause C 25 of the Agreement dated 7th of September, 2015 (Annexure-1).

Shri Anjani Kumar, learned Additional Advocate General No. 4 states that the authority shall expeditiously take all steps for compliance of Clause C 25 of the Agreement dated 7th of September, 2015 (Annexure-1). Statement accepted and taken on record.

Petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, shall stand disposed of.