IN THE HIGH COURT OF JUDICATURE AT PATNA REQ. CASE No.23 of 2009 M/S LAND & PORT CONSTRUCTION PVT.LTD a partnership firm having its registered office at Mohalla Bramhpura Mehadi Hasan Road P.O. MIT & P.S. Bramhpura Dist. Muzaffarpur through its Managing Director Naiyar Azam son of Safi Ahmad resident of Mehadi Hasan Road Mohalla Bramhpura P.O. MIT & PS Bramhapura Dist. Muzaffarpur Petitioner Versus 1. UNION OF INDIA through the Central Manager E.C. Railway At & PO Hajipur Dist. Vaishali 2. The Deputy Chief Engineer (Con) II, At & PO Samastipur Dist.Samastipur Opposite parties ------------------ For the petitioner: Mr Nand Kishore Singh. Advocate For the Railway: Mr Sandeep Jha, Advocate ----------------- 05/ 26.03.2010 Heard learned counsel for the petitioner as well as learned counsel for opposite party no.1, namely, Union of India through General Manager East Central Railway along with its Deputy Chief Engineer at Samastipur. 2. This petition has been filed by the petitioner who is fabricator and supplier of the Engineering items and they had executed agreement with opposite parties on 04.10.2008 for supply and fabrication of certain items. It transpires that a dispute has arisen between them with respect to the claim of the petitioner regarding the work done in compliance of the said agreement due to which they sent notice dated 23.09.2009 and reminder dated 14.10.2009 to the respondents which were not replied. Hence the petitioner was constrained to file this request case. 3. Opposite parties have also appeared through their learned counsel and after hearing their arguments on the earlier occasion the case was adjourned so that the parties may be able to give an agreed - 2 - name of the Arbitrator. The petitioner has given names of three persons in paragraph 30 of its petition stating that any one of them may be appointed the sole Arbitrator. In the said list first name was of Justice B.K. Roy, retired Chief Justice of Sikkim High Court. Opposite party no.2 through their learned counsel also agree to the name of Justice B.K. Roy for appointment as sole Arbitrator. 4. In the said circumstances, Justice B.K. Roy, retired Chief Justice of Sikkim High Court residing at R.K. Avenue, Kadamkuan, Patna is appointed as the sole Arbitrator with respect to the dispute as arisen between the parties. Learned counsel for both the parties are directed to approach the said Arbitrator within two weeks from today along with a copy of this order so that the matter may proceed without any further delay. However, the said Arbitrator will fix the date according to his convenience and would also fix his remuneration and amount of expenses which would be borne out by both the parties equally. 5. With the aforesaid observations/directions, this request case is disposed of. shahid (S.N.Hussain, J)