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M/s SGS Infotech Pvt. Ltd. v/s State of Bihar Urban Development Agency BUDA, Patna & Another


Company & Directors' Information:- L C C INFOTECH LIMITED [Active] CIN = L72200WB1985PLC073196

Company & Directors' Information:- R A S INFOTECH LIMITED [Active] CIN = U72200TG1998PLC030341

Company & Directors' Information:- URBAN DEVELOPMENT CORPORATION PRIVATE LIMITED [Active] CIN = U45400MH2011PTC300616

Company & Directors' Information:- URBAN DEVELOPMENT CORPORATION PRIVATE LIMITED [Active] CIN = U45400WB2011PTC166069

Company & Directors' Information:- Z M INFOTECH LIMITED [Amalgamated] CIN = U72200TN2000PLC044239

Company & Directors' Information:- J J DEVELOPMENT PRIVATE LIMITED [Active] CIN = U50300WB1996PTC081491

Company & Directors' Information:- T I INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL2005PTC139651

Company & Directors' Information:- U T AGENCY PVT. LTD. [Active] CIN = U45203WB1991PTC052617

Company & Directors' Information:- H M S INFOTECH PRIVATE LIMITED [Amalgamated] CIN = U72300TN2008PTC117028

Company & Directors' Information:- H M S INFOTECH PRIVATE LIMITED [Active] CIN = U72300DL2008PTC175395

Company & Directors' Information:- K U INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL2005PTC133807

Company & Directors' Information:- C I INFOTECH PRIVATE LIMITED [Active] CIN = U74899DL1996PTC076202

Company & Directors' Information:- INFOTECH LIMITED [Active] CIN = U30006TN1982PLC009267

Company & Directors' Information:- C R INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL1996PTC077678

Company & Directors' Information:- P V S INFOTECH PRIVATE LIMITED. [Active] CIN = U72200DL2000PTC103791

Company & Directors' Information:- S K H AGENCY PRIVATE LIMITED [Active] CIN = U52390TG2013PTC085384

Company & Directors' Information:- G N R C INFOTECH PRIVATE LIMITED [Active] CIN = U72200AS2001PTC006584

Company & Directors' Information:- L N DEVELOPMENT LIMITED [Active] CIN = U70102ML1986PLC002590

Company & Directors' Information:- R V S INFOTECH LIMITED [Active] CIN = U72200TZ2000PLC009253

Company & Directors' Information:- H R INFOTECH PRIVATE LIMITED [Converted to LLP] CIN = U72200WB2011PTC166498

Company & Directors' Information:- B. K. S. INFOTECH PRIVATE LIMITED [Active] CIN = U45400MH2012PTC230418

Company & Directors' Information:- SGS INFOTECH PRIVATE LIMITED [Amalgamated] CIN = U74899HR1995PTC044488

Company & Directors' Information:- N S INFOTECH LIMITED [Active] CIN = U30007KA1999PLC025300

Company & Directors' Information:- A. L. T. INFOTECH PRIVATE LIMITED [Active] CIN = U72900DL2007PTC161777

Company & Directors' Information:- S N A INFOTECH PRIVATE LIMITED [Active] CIN = U72900MH2005PTC155271

Company & Directors' Information:- S L INFOTECH PRIVATE LIMITED [Active] CIN = U72300AS2000PTC006125

Company & Directors' Information:- S T INFOTECH LIMITED [Active] CIN = U72200WB1997PLC085587

Company & Directors' Information:- R & D INFOTECH PRIVATE LIMITED [Active] CIN = U72200WB1997PTC084977

Company & Directors' Information:- K K R DEVELOPMENT PVT LTD [Active] CIN = U70101WB1981PTC034258

Company & Directors' Information:- C R G INFOTECH PRIVATE LIMITED [Active] CIN = U72900DL2008PTC174812

Company & Directors' Information:- D M INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL2006PTC152561

Company & Directors' Information:- S R INFOTECH PRIVATE LIMITED [Active] CIN = U72300UP2000PTC025511

Company & Directors' Information:- P G INFOTECH PRIVATE LIMITED [Active] CIN = U74899DL2000PTC105014

Company & Directors' Information:- D P S DEVELOPMENT PVT LTD [Active] CIN = U45202WB1988PTC044797

Company & Directors' Information:- S O INFOTECH PRIVATE LIMITED [Active] CIN = U72120DL2001PTC109989

Company & Directors' Information:- N G INFOTECH INDIA PRIVATE LIMITED [Active] CIN = U72200GJ1999PTC036837

Company & Directors' Information:- G D I INFOTECH PRIVATE LIMITED [Active] CIN = U80302MH1999PTC118659

Company & Directors' Information:- D S INFOTECH PRIVATE LIMITED [Active] CIN = U80221WB1998PTC088271

Company & Directors' Information:- U M INFOTECH PRIVATE LIMITED [Active] CIN = U72300DL2010PTC209718

Company & Directors' Information:- S K V INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL2005PTC135028

Company & Directors' Information:- I M INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL2005PTC142363

Company & Directors' Information:- W AND G INFOTECH PRIVATE LIMITED [Under Process of Striking Off] CIN = U72200UR2000PTC025543

Company & Directors' Information:- P S INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200PB2000PTC023935

Company & Directors' Information:- L T INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72300DL2007PTC162270

Company & Directors' Information:- V G INFOTECH PRIVATE LIMITED [Active] CIN = U72300DL2008PTC184085

Company & Directors' Information:- K P INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2013PTC256424

Company & Directors' Information:- K B R INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200KA2006PTC038500

Company & Directors' Information:- DEVELOPMENT CORPN PVT LTD [Active] CIN = U13209WB1939PTC009750

Company & Directors' Information:- N J INFOTECH INDIA PRIVATE LIMITED [Strike Off] CIN = U72900MH1992PTC065367

Company & Directors' Information:- O M AGENCY PRIVATE LIMITED [Active] CIN = U52321TN1961PTC004668

Company & Directors' Information:- B B INFOTECH PRIVATE LIMITED [Dormant under section 455] CIN = U17111OR1989PTC002280

Company & Directors' Information:- B L INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL2005PTC137392

Company & Directors' Information:- G K J INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL2005PTC143502

Company & Directors' Information:- S M AGENCY PVT LTD [Active] CIN = U51109WB1964PTC026129

Company & Directors' Information:- AMP INFOTECH PRIVATE LIMITED [Active] CIN = U72300DL2007PTC159294

Company & Directors' Information:- V W C INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL2000PTC104310

Company & Directors' Information:- R I INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200WB1999PTC088628

Company & Directors' Information:- S B R INFOTECH PRIVATE LIMITED [Active] CIN = U72300DL2008PTC183660

Company & Directors' Information:- G D INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2004PTC129817

Company & Directors' Information:- L. D. INFOTECH PRIVATE LIMITED [Active] CIN = U74120DL2008PTC175482

Company & Directors' Information:- K G INFOTECH LIMITED [Strike Off] CIN = U03000TZ1995PLC005828

Company & Directors' Information:- 3 C INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200KL2001PTC014906

Company & Directors' Information:- C L INFOTECH PRIVATE LIMITED [Active] CIN = U72200KA1998PTC023936

Company & Directors' Information:- S M M INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200KA2014PTC076177

Company & Directors' Information:- R INFOTECH PRIVATE LIMITED [Under Process of Striking Off] CIN = U72200DL1999PTC098787

Company & Directors' Information:- E INFOTECH INDIA PRIVATE LIMITED [Active] CIN = U72200GJ2000PTC037198

Company & Directors' Information:- G R AGENCY LTD [Strike Off] CIN = U51109WB1951PLC019409

Company & Directors' Information:- B T INFOTECH PVT LTD [Strike Off] CIN = U72200WB1995PTC072322

Company & Directors' Information:- A B S INFOTECH PRIVATE LIMITED [Active] CIN = U74899DL2001PTC109507

Company & Directors' Information:- I D M INFOTECH PRIVATE LIMITED [Active] CIN = U72200UP1995PTC018911

Company & Directors' Information:- V V R INFOTECH PRIVATE LIMITED [Active] CIN = U72200MH2004PTC146584

Company & Directors' Information:- S N Q S AGENCY PRIVATE LIMITED [Active] CIN = U52110TZ1999PTC008761

Company & Directors' Information:- R K URBAN DEVELOPMENT PRIVATE LIMITED [Strike Off] CIN = U45400MH2011PTC223591

Company & Directors' Information:- S K INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200MH2001PTC130890

Company & Directors' Information:- A & N AGENCY PRIVATE LIMITED [Under Process of Striking Off] CIN = U51909TN2003PTC052088

Company & Directors' Information:- A E AGENCY PRIVATE LIMITED [Active] CIN = U65993TN2000PTC044931

Company & Directors' Information:- C V INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200TG2001PTC037864

Company & Directors' Information:- S S N INFOTECH PRIVATE LIMITED [Active] CIN = U72200TG2009PTC063843

Company & Directors' Information:- N P INFOTECH PVT LTD [Strike Off] CIN = U72200WB2006PTC109006

Company & Directors' Information:- D U INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72300WB2013PTC189677

Company & Directors' Information:- S R W AGENCY PRIVATE LIMITED [Active] CIN = U52190WB2011PTC160006

Company & Directors' Information:- AMP URBAN INDIA PRIVATE LIMITED [Active] CIN = U45400WB2011PTC164960

Company & Directors' Information:- D N G INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72300DL2008PTC181997

Company & Directors' Information:- K L AGENCY PRIVATE LIMITED [Strike Off] CIN = U74899DL1992PTC050493

Company & Directors' Information:- G N D INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2008PTC182777

Company & Directors' Information:- K R G INFOTECH PRIVATE LIMITED. [Active] CIN = U72901DL2006PTC148322

Company & Directors' Information:- S B T AGENCY PVT LTD [Strike Off] CIN = U51103WB1965PTC026347

Company & Directors' Information:- G S INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72100MH2000PTC124184

Company & Directors' Information:- S T INFOTECH LIMITED [Strike Off] CIN = U72200KA2000PLC026628

Company & Directors' Information:- C B S INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72900TN1999PTC041846

Company & Directors' Information:- A. C. INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200WB2007PTC112999

Company & Directors' Information:- F T INFOTECH PRIVATE LIMITED [Active] CIN = U74999MH2020PTC343388

Company & Directors' Information:- S B S INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200WB2000PTC092489

Company & Directors' Information:- J G INFOTECH PRIVATE LIMITED. [Active] CIN = U72200DL2005PTC132736

Company & Directors' Information:- F-1 INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL2006PTC144426

Company & Directors' Information:- R & B INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200KA2008PTC048682

Company & Directors' Information:- T A P INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200KA2010PTC052098

Company & Directors' Information:- S B M AGENCY PRIVATE LIMITED [Active] CIN = U51504TN2004PTC052953

Company & Directors' Information:- T & H INFOTECH PRIVATE LIMITED [Active] CIN = U30007MH2011PTC211938

Company & Directors' Information:- S K P INFOTECH PRIVATE LIMITED [Strike Off] CIN = U30009MH2004PTC149339

Company & Directors' Information:- W R B INFOTECH PRIVATE LIMITED [Strike Off] CIN = U52100MH2010PTC201111

Company & Directors' Information:- K & N INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200PN2010PTC135273

Company & Directors' Information:- P L N INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200PN2013PTC146766

Company & Directors' Information:- A. B. URBAN DEVELOPMENT PRIVATE LIMITED [Strike Off] CIN = U70100MH2015PTC267677

Company & Directors' Information:- K AND Z INFOTECH PRIVATE LIMITED [Active] CIN = U72900MH2005PTC154048

Company & Directors' Information:- D N INFOTECH PRIVATE LIMITED [Active] CIN = U72300UP2012PTC054294

Company & Directors' Information:- F R INFOTECH PRIVATE LIMITED [Active] CIN = U72300UP2014PTC067948

Company & Directors' Information:- P F INFOTECH PRIVATE LIMITED [Strike Off] CIN = U74900UP2011PTC045136

Company & Directors' Information:- A V INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72900UP2002PTC026656

Company & Directors' Information:- M P S AGENCY PVT LTD [Active] CIN = U51109WB1998PTC088149

Company & Directors' Information:- P & P INFOTECH PRIVATE LIMITED [Under Process of Striking Off] CIN = U74900WB2013PTC194892

Company & Directors' Information:- S S B INFOTECH PRIVATE LIMITED [Active] CIN = U51909WB1998PTC088311

Company & Directors' Information:- A G INFOTECH PRIVATE LIMITED [Under Process of Striking Off] CIN = U72900CH2012PTC033581

Company & Directors' Information:- N. A. INFOTECH PRIVATE LIMITED [Active] CIN = U72300DL2006PTC151784

Company & Directors' Information:- G V INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72300DL2008PTC172610

Company & Directors' Information:- G Y INFOTECH PRIVATE LIMITED [Active] CIN = U72300DL2009PTC189966

Company & Directors' Information:- S R M INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72900DL2001PTC113160

Company & Directors' Information:- C N INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72900DL2007PTC169883

Company & Directors' Information:- A A M INFOTECH PRIVATE LIMITED [Active] CIN = U72900DL2010PTC210990

Company & Directors' Information:- M P J INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72900DL2010PTC210638

Company & Directors' Information:- J & D INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72900DL2011PTC229211

Company & Directors' Information:- R N INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72900DL2013PTC250317

Company & Directors' Information:- S H INFOTECH PRIVATE LIMITED [Active] CIN = U72900DL2015PTC288193

Company & Directors' Information:- K S INFOTECH PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC175123

Company & Directors' Information:- A K M INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC133661

Company & Directors' Information:- B S G INFOTECH PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U72200DL2005PTC134123

Company & Directors' Information:- L R INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC134704

Company & Directors' Information:- K H R INFOTECH PRIVATE LIMITED [Active] CIN = U72200DL2005PTC134855

Company & Directors' Information:- E G INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC135197

Company & Directors' Information:- D AND A INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC136205

Company & Directors' Information:- V & V INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC138462

Company & Directors' Information:- B N INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC138720

Company & Directors' Information:- T K INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC141353

Company & Directors' Information:- G S R INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC142894

Company & Directors' Information:- V B INFOTECH INDIA PRIVATE LIMITED [Active] CIN = U72200DL2012PTC241950

Company & Directors' Information:- V M A INFOTECH PRIVATE LIMITED [Strike Off] CIN = U93000DL2013PTC254286

Company & Directors' Information:- P & A INFOTECH PRIVATE LIMITED [Active] CIN = U74120DL2008PTC177113

Company & Directors' Information:- A. G. AGENCY PRIVATE LIMITED [Strike Off] CIN = U51109DL2008PTC186212

Company & Directors' Information:- J T INFOTECH PRIVATE LIMITED [Active] CIN = U51395DL2013PTC261054

Company & Directors' Information:- A P S INFOTECH PRIVATE LIMITED [Strike Off] CIN = U74899DL2001PTC109696

Company & Directors' Information:- R B S INFOTECH PRIVATE LIMITED [Strike Off] CIN = U74899DL2004PTC128001

Company & Directors' Information:- S N INFOTECH PRIVATE LIMITED [Active] CIN = U74899DL2005PTC141584

Company & Directors' Information:- P K G INFOTECH PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC141775

Company & Directors' Information:- U N INFOTECH PRIVATE LIMITED [Active] CIN = U72300HR2014PTC051750

Company & Directors' Information:- 2 S INFOTECH PRIVATE LIMITED [Active] CIN = U72200KA2009PTC049280

Company & Directors' Information:- A AND S INFOTECH PRIVATE LIMITED [Active] CIN = U72900KL2006PTC019844

Company & Directors' Information:- A TO Z INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200GJ2010PTC063043

Company & Directors' Information:- AT INFOTECH PRIVATE LIMITED [Active] CIN = U72900UP2019PTC116326

Company & Directors' Information:- A R INFOTECH LIMITED [Strike Off] CIN = U72200DL2000PLC108900

Company & Directors' Information:- S N AGENCY PVT LTD [Strike Off] CIN = U66010WB1989PTC047981

Company & Directors' Information:- V AND S AGENCY PRIVATE LTD. [Strike Off] CIN = U74999DL1986PTC025148

Company & Directors' Information:- M AND M INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200TG2000PTC034708

Company & Directors' Information:- M C S INFOTECH PVT. LTD. [Strike Off] CIN = U99999DL1996PTC078891

Company & Directors' Information:- T AND G INFOTECH PRIVATE LIMITED [Strike Off] CIN = U99999DL2000PTC103251

Company & Directors' Information:- Y M INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72300DL2007PTC165169

Company & Directors' Information:- S S R INFOTECH PRIVATE LIMITED [Strike Off] CIN = U72200DL2008PTC177400

    Request Case No. 122 of 2019

    Decided On, 01 June 2020

    At, High Court of Judicature at Patna

    By, THE HONOURABLE CHIEF JUSTICE MR. SANJAY KAROL

    For the Petitioner: Nand Kishore Singh, Advocate. For the Respondent: Rabindra Kumar Priyadarshi, Advocate.



Judgment Text


1. Heard learned counsel for the petitioner and learned counsel for the respondents.

2. This application has been filed under Section 11(6) of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the Act) for appointment of a sole arbitrator for resolution of contractual dispute arising out of breach of contract on the part of respondent no.1 (The State of Bihar Urban Development Agency (BUDA) through its Managing Director, Vikas Bhawan New Secretariat, Patna-800015) being contract agreement for the assigned (work) of "Implementation geographical information system (GIS) for Patna and Bodhgaya under JNNURM contract No.UD & HD/BUDA/UD & HD/MC/2009-10 Building Plan Approval/67.

3. On 11th of November, 2010, petitioner, namely, M/S SGS INFOTECH Pvt. Ltd., entered into an agreement with the respondent-Bihar Urban Development Agency (BUDA), for execution of certain public works. Certain disputes having arisen inter se the parties, in relation to the execution of the works under the said agreement, the petitioner herein, took recourse to remedies under the provisions of the Bihar Public Works Contract Disputes Arbitration Tribunal Act, 2008, vide Reference Case No.195/2015 titled as M/S SGS Infotech Pvt. Ltd. Vs. The State of Bihar & Ors.

4. BUDA refuted the claims but did not dispute the execution of the agreement in question.

5. Before such proceedings could be adjudicated, the Hon'ble Apex Court in State of Bihar & Ors. V. M/s Brahmaputra Infrastructure Limited, (2018) 17 SCC 444, held the proceedings initiated before the Tribunal, like the ones initiated by the petitioner herein, to be not maintainable, in view of the parties agreeing to resort to the provisions of the Arbitration & Conciliation Act, 1996, to which the instant parties had agreed to resort to, for resolution of their disputes in terms of the agreement. As such, on 30th of July, 2019, the petitioner herein withdrew the Reference Case No.195/1995 in terms of the following order:

"30.07.2019. The learned counsel, Mr. N.K. Singh appearing on behalf of the petitioner submitted that he may be permitted to withdraw this reference case in view of the order of Hon'ble Supreme Court reported in AIR 2018 S.C. 2640 State of Bihar vs. Brahmaputra Infrastructure Pvt. Ltd. and the order passed by the Hon'ble High Court dated 13.05.2019 in Civil Revision No.20 of 2019 and 21 of 2019 for the purpose of availing other remedy. The learned counsel, Mr. Shambhu Nath for the respondent has got no objection.

In view of the submission of the learned counsel for the petitioner, the petitioner is permitted to withdraw this reference case as submitted by him.

Thus, this reference case is dismissed as withdrawn."

6. Thereafter petitioner filed the instant petition on 22nd of October, 2019. The matter was listed before the Court on 05.02.2020 as also on 26.02.2020, when time was granted to BUDA to file its response, which has yet not been so done.

7. Be that as it may, the factum of execution of the agreement is not in dispute. Dispute in terms thereof has arisen. Equally, it cannot be disputed that the agreement contained an Arbitration Clause 9 providing mechanism for settlement of dispute, which reads as under: -

Clause 9:- Settlement of Dispute.

"9.1 Amicable settlement- The parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this contracts or the interpretation thereof.

9.2;- Dispute settlement: All disputes between the parties as to matters arising pursuant to this contract, which cannot be settled amicably within thirty (30) days after receipt by one party of the other party request for such amicable settlement, may be submitted by either party for settlement. If the dispute(s) is not resolved amicably then it shall be referred to arbitration and shall be dealt with as per provisions of the Arbitration & Conciliation Act, 1996."

8. With the petitioner, having lodged the claim and initiated proceedings before the Tribunal, his intent of having the matter amicably resolved stood expressed, but as it appears, the respondent authority refuted the claims, hence, the present petition.

9. Consequently, this Court is left with no option but to appoint an Arbitrator.

10. Mr. Rabindra Kumar Priyadarshi, learned counsel for the respondents raises preliminary issue of delay and laches and that prior to filing of the instant petition, petitioner, ought to have first approached the authority seeking appointment of an Arbitrator.

11. On both the counts, this Court does not find favour with the submissions made on behalf of the respondents.

12. Petitioner had served notice dated 26th of October, 2015, calling upon the respondent authority to settle the claims, prior to the invocation of his rights both under the Bihar Public Works Contracts Disputes Arbitration Tribunal Act, 2008 and the Arbitration & Conciliation Act, 1996. The authority refuted the claims and did not appoint the Arbitrator, leaving the petitioner no option but to approach the Tribunal in accordance with Law as prevalent at that point in time.

13. It is a matter of record that the proceeding initiated in the year 2015 continued till 2019 and with the decision rendered by the Hon'ble Apex Court in State of Bihar (supra), petitioner was left with no option but to withdraw the same, which was so done on 30.07.2019 and immediately thereafter, the instant petition filed on 22nd of October, 2019. Hence, there is no question of delay or laches on the part of the petitioner in pursuing the remedies in accordance with law.

14. Even in its notice dated 26th of October, 2015, it stands recorded that allegedly, respondents had not complied with the conditions of the contract, despite repeated reminders and the last one made in October, 2015. Well, this Court may not be misunderstood to have adjudicated the rights of the parties about non-fulfilment of contractual obligation, but while considering the plea of delay and laches, necessarily it needs to be noticed.

15. As such the present petition filed under Section 11(6) of the Act needs to be allowed.

16. Accordingly, Hon'ble Justice Smt. Anjana Mishra, a retired Judge of the Patna High Court of the Judicature at Patna, is appointed as an Arbitrator to adjudicate the dispute inter se the parties.

17. All disputes arising out of Agreement dated 11 th November, 2010 entered between the parties is referred to the Arbitrator for arbitration.

18. On the name of the learned Arbitrator, there is no objection by either of the learned counsel for the parties.

19. Parties undertake to appear before the learned Arbitrator within one week after the lockdown period of current Pandemic Covid-19 is over. Parties also undertake to fully co- operate and agree to request the learned Arbitrator to complete the proceedings at the earliest, which request, this Court, hope, would be considered favourably.

20. Learned Arbitrator shall be entitled to fees as per law.

21. Learned Registrar General shall ensure that a copy of this order along wit

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h the necessary record, is made available to the learned Arbitrator positively through an electronic mode on or before 6th of June, 2020. 22. Parties shall file their statement of claims before the learned Arbitrator on such date of hearing, which the learned Arbitrator may fix, as may be mutually convenient to all concerned. 23. In fact even during the lockdown period, subject to the convenience, arbitral proceeding can commence through the use of video conferencing/other electronic mode. 24. Learned counsel for the parties also undertake to apprise the learned Arbitrator of the passing of the order. This, they shall positively do so within next two working days. 25. The Request Petition stands disposed of in the above terms. 26. No order as to costs.
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