IN THE HIGH COURT OF JUDICATURE AT PATNA REQ. CASE No.1 of 2010 Nelito Systems Ltd. (A Tata Group Company), having its registered office at A1/251 Shah & Nahar Industrial Estate, Lower Parel (West), Mumbai 400013 and Headquarters at Units 205-208, Building No. 2, Sector 1, Millennium Business Park, Mahape, Navi Mumbai 400710 through Shri Potluri Bhaskara Rao, S/o Late Shri Venkata Krishna Rao, Currently President & Chief Executive Officer, and residing at 1802 Bloomingdale, Hiranangani Estate, Ghorbunder Road, Thane(West) 400607. ……Petitioner. Versus 1. Patliputra Central Co-operative Bank Ltd. Madandhari Bhawan, S.P. Verma Road, Patna through its Managing Director. 2. Managing Director, Patliputra Central Co-operative Bank Ltd., Madandhari Bhawan, S.P. Verma Road, Patna 800001. 3. The Registrar, Co-operative Societies, Co-operative Department, New Secretariat Building, Bailey Road, Patna-800001. …… Respondents. For the petitioner : Mr. D.N.Tiwari, Advocate. Mr. Sanjeet Kumar, Advocate. For the Bank : Mr. Kalyan Shankar, Advocate. ----------- 10. 03.12.2010 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This petition has been filed seeking appointment of Registrar, Co-operative Societies, Bihar, Patna as an arbitrator for deciding the dispute between the petitioner and the respondents arising out of deed of agreement dated 30.07.2007(Annexure-1) for providing total solution with regard to computerization of bank by supplying hardware and software required for that purpose for 12 branches of the respondent bank for a total consideration of Rs. 64,02,000/- out of which advance of 40% amounting to Rs. 25,60,800/- was paid on 30.07.2007 itself, but the remaining amount is still unpaid, in spite of repeated requests of the petitioner. - 2 - 3. The agreement between the parties is dated 30.07.2007 (Annexure-1), clause 12 of which is the arbitration clause providing that if any dispute arises the same shall be referred for arbitration before the Registrar, Co-operative Societies, Bihar, whose decision shall be final, conclusive and binding on parties. Due to non-payment of the remaining amount a dispute has arisen due to which a letter dated 03.09.2009 (Annexure-3) was sent by the petitioner to the Respondents for appointment of the Registrar, Co-operative Societies, Bihar as arbitrator for deciding the dispute. Thereafter also several letters were sent by the petitioner to the respondents. 4. Learned counsel for the petitioner submits that his petitions were not replied by the respondents whereas the learned counsel for the respondents submits that it has been specifically stated in the counter affidavit that the said petitions had been duly replied, but neither copies of the said replies have been annexed to the counter affidavit nor any dates thereof havc been provided in the counter affidavit. 5. Admittedly, there is an agreement between the parties, there is an arbitration clause in the said agreement, there is a dispute between the parties with regard to payment and the standard of materials supplied, there is a request by the petitioner to the respondents for appointment of arbitrator and no arbitrator has been appointed. So far as the point raised by the respondents in their counter affidavit with respect to vigilance case against the respondents erstwhile Managing Director and the petitioner is - 3 - concerned that point can also be considered by the arbitrator. 6. In the said circumstances, this request case is disposed of appointing the Registrar, Co-operative Societies, Bihar for deciding the dispute between the parties after giving due opportunities to them in accordance with the provisions of the Arbitration & Conciliation Act, 1996 expeditiously. Both the parties are directed to approach the said arbitrator within 30 days from today along with a copy of this order. Sujit (S.N.Hussain,J.)