IN THE HIGH COURT OF JUDICATURE AT PATNA REQ. CASE No.32 of 2008 Rama Kant Singh, son of late Ramkhelawan Singh, resident of 101, Lotus Apartment, Patliputra, District Patna. …….. Petitioner versus The State of Bihar through Executive Engineer, N.H. Division, Road Construction Department, Bhagalpur …Respondent ----------- For the Petitioner : Mr. Chandra Shekhar , Sr Advocate, and Mr. L.B. Singh, Advocate. For the State : Mr. P. K. Verma, A.A.G. XI and Mr. S.R. Sharan, A.C. to A.A.G. XI -------- 03/ 12.08.2009 Heard learned counsel for the parties. This request case has been filed by the petitioner for appointment of Arbitrator for deciding dispute between the petitioner and respondent in connection with agreement no. 04 F2 (Plan)/2006-07 pertaining to IRQP (Improvement and rising quality project ) in connection with Km 94-113 in NH 80 under N. H. Division, Bhagalpur. It transpires that the said agreement had taken place on 01.03.2007, Clause 25 of which provided procedure for disputes including arbitration procedure. It further transpires that a dispute arose with regard to completion and remuneration of work, due to which on 03.10.2008 (Annexure 11) the petitioner raised dispute regarding arbitration, but since then the matter remained pending and no arbitrator was appointed by the respondent-authority in accordance with the agreement or the provisions of law. Hence on 11.11.2008 the petitioner filed the instant request case. Considering the facts and circumstances of this case 2 and taking the consent of learned counsel for the parties, Mr. Sadanand Mukherjee, a retired Judge of this Court, is appointed as an Arbitrator for settlement of the said dispute in question. Both parties must approach the Arbitrator within two weeks and file their respective petitions along with a copy of this order. The Arbitrator must proceed under the provisions of the Arbitration and Reconciliation Act, 1996 and prepare the award accordingly. The Arbitrator will be at liberty to fix his remuneration and expenses for the arbitration proceeding, which has to be borne half and half by both the parties. With the aforesaid direction, this request case is disposed of. MPS/ ( S. N. Hussain, J. )