IN THE HIGH COURT OF JUDICATURE AT PATNA REQ. CASE No.76 of 2007 M/S Mithila Saran Singh a registered partnership firm having office at 206 Artek Apartment Ashiana road Patna through its partner Pankaj Kumar Singh son of Sri Ram Sewak Singh, resident of 206 Arteke apartment Ashiana Nagar, P.O. Ashiana Nagar, P.S. Shashtri Nagar, District- Patna. …… Petitioner. Versus 1. The Union of India through the General Manager, E.C. Railway at & P.O. Hajipur, District- Vaishali. 2. The Chief Administrative Officer (Con) E.C.Railway, at Mahendrughat Patna, District- Patna. 3. The Chief Engineer (Con) E.C.Railway (N-2) Mahendrughat Patna, Distt. Patna. …. Respondents. ----------- For the petitioner : Mr. Nand Kishore Singh, Adv. For the Respondents: Mr. Anil Kumar Sinha, Adv. ----------------- 4/ 04-12-2008 Heard learned counsel for the parties. 2. This request case has been filed for appointment of an arbitrator under Clause- 64 of the admitted agreement between the parties (Annexure-1). It is also stated that demand for arbitration was made by the petitioner by way of filing petitions dated 21.06.2006 and 19.07.2007 but when no action was taken in that regard for much more than thirty days, the petitioner had no option but to file the instant case for appointment of arbitrator. 3. On the other hand, a counter affidavit has been filed on behalf of all the three respondents stating that they had already passed orders on 11.07.2008 (Annexure- R/3) creating a panel of four Railway Officers , out of whom one can be appointed as an Arbitrator and hence the instant request case is not maintainable and the petitioner may send upto two names of Railway Officers from among the above panel as his nominee arbitrator regarding appointment of arbitration Tribunal. 4. Learned counsel for the petitioner very fairly submits - 2 - that Shri B.S.Banga, CE/C/N2, who is one of the railway officers mentioned in the panel, be appointed as an arbitrator for redressal of his grievance and to prepare an Award in accordance with law. 5. From the facts and circumstances of this case as well as from the admitted claims of the parties, it is quite apparent that dispute had been raised much earlier and the petitioner had filed petitions demanding arbitration on 21.06.2006 and 19.07.2007, but the respondents- authorities did not take any step within the time prescribed in law and hence the petitioner was constrained to file this case on 27.09.2007 and about one year thereafter the respondents awoke from slumber and passed their order dated 11.07.2008. In the said situation there was no occasion for the petitioner to comply the direction of the respondents, when his case was under consideration before this Court. 6. Hence as per the averments of the parties and the materials on record, the aforesaid Shri B.S.Banga, CE/C/N2 , is hereby appointed as Arbitrator for redressal of the dispute between the parties. The parties may approach the said arbitrator within two weeks from today and the said arbitrator will fix his own remuneration and procedure in accordance with law and shall prepare an Award within six months from the date of receipt/ production of a copy of this order. 7. Accordingly, this request case is disposed of. B.Tiwary/ (S.N Hussain,J)