Disposed

M/s Chitra Developers and Marking Pvt. Ltd. v. Dr. Priya Ranjan Kumar Singh

Patna HC22 Oct 2013MJC/5181/2012

Case brief

AI extract

What is this about?

In an application to recall a past order appointing an arbitrator, the Court directed that the petitioner's challenge to the arbitrator's impartiality under the Arbitration and Conciliation Act, 1996, be disposed of expeditiously within six weeks via a speaking order.

What did the court decide?

The application pending before the sole arbitrator was directed to be disposed of within six weeks via a speaking order giving due opportunity to parties.

M/s Chitra Developers and Marking Pvt. Ltd. Vs Dr. Priya Ranjan… — Arbitration | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.5181 of 2012

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====================================================== M/S CHITRA DEVELOPERS AND MARKING PVT. LTD. THROUGH ITS DIRECTOR VIKASH KUMAR S/O SRI SOMESHWAR LAL HAVING ITS OFFICE AT 307, ADHARSILA COMPLEX, SOUTH GANDHI MAIDAN, PATNA .... .... PETITIONER/S VERSUS DR. PRIYA RANJAN KUMAR SINGH S/O LATE KAMESHWAR PRASAD SINGH R/O VILLAGE / MOHALLA - 238 PATLIPUTRA COLONY, POLICE STATION - PATLIPUTRA TOWN AND DISTRICT - PATNA .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashi Shekhar Dwivedi, Sr.Advocate Mr. Radha Mohan Pandey,Advocate For the Respondent/s : Mr. Jitendra Kumar Roy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11 22-10-2013 Heard the parties. 2. This is an application for recalling/modifying the order dated 26.2.2010 passed in Request Case No. 04/2009 by this Court , inter alia, appointing Sri Mudrika Prasad, retired District Judge as Arbitrator for resolving certain disputes relating to Development Agreement dated 1.9.2002 and for appointment of another appropriate Arbitrator in his place.

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Learned Senior Counsel for the petitioner submits that apprehensions arose in the mind of the petitioner about the lack of impartiality on the part of the Arbitrator and for which accordingly a challenge was raised in terms of Sections 12(3) (a) read with Section 13 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) by

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Patna High Court MJC No.5181 of 2012 (11) dt.22-10-2013

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filing a written statement of the reasons for the challenge as contemplated under Section 13 (2) of the said Act.

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Without entering into the details of the submissions on merits, with the consent of the parties, the present application is being disposed of with a direction that the petitioner’s aforesaid application pending before Sri Mudrika Prasad, the sole Arbitrator shall be taken up and disposed of as required under Section 13 (3) of the Act expeditiously and preferably within a period of six weeks from the date of receipt/production of a copy of this order by the sole Arbitrator at the instance of either parties.

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It is made clear that the application be disposed of after giving due opportunities to the parties and by a speaking order in accordance with law.

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MJC No.5181 of 2012 stands disposed of.

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(Vikash Jain, J)

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Chandran

M/s Chitra Developers and Marking Pvt. Ltd. v. Dr. Priya Ranjan Kumar Singh

Case brief

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M/s Chitra Developers and Marking Pvt. Ltd. v. Dr. Priya Ranjan Kumar Singh

Case brief

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What did the court decide?

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