IN THE HIGH COURT OF JUDICATURE AT PATNA REQ. CASE No.83 of 2007 ----------- Sharat Kumar Sinha, son of late Jai Kishore Prasad, resident of 44, M.I.G. , Kankarbagh Colony, P.S. Kankarbagh, District Patna. ……. Petitioner -versus- 1. M/s Arjuna Construction (P) Ltd., having its registered office At Arjuna Tower (Ground Floor), Shivpuri, near Mamta Apartment, Boring Road, P.S. Shastrinagar, Town and District Patna through its Managing Director, Sri Arvind kumar. 2. Sri Arvind Kumar, son of Sri Jagadish Thakur, Arjuna Tower (Ground Floor), Shivpuri, near Mamta Apartment, Boring Road, P.S. Shastrinagar, Town and District Patna, Managing Director of M/s Arjuna Construction Pvt. Ltd. …… Respondents. ------- For the Petitioner : M/s Abhay Kumar Singh and Bharat Bhushan, Advocates. For the Respondents: None. -------- 09/ 06.11.2009 Heard learned counsel for the petitioner. No one appears on behalf of respondents even after repeated notices including the notice by substituted service in the newspaper. 2. This request case has been filed for appointment of Sole Arbitrator for settlement of dispute between the parties with regard to Development Agreement dated 31.01.2000, Article 17.1 of which contained an arbitration clause. 3. There being a dispute with respect to the terms and conditions of the said agreement, the petitioner sent a notice to respondents on 12.09.2007, but no heed was paid to the said notice and hence the petitioner had no option but to file the instant request case. 4. In the aforesaid facts and circumstances and also in 2 view of the submissions made by learned counsel for the petitioner, Hon’ble Mr. Nagendra Rai, a retired Judge of this Court, is appointed as an Arbitrator with respect to the dispute between the parties in accordance with the provisions of the Arbitration and Conciliation Act, 1996. 5. The petitioner must approach the said Arbitrator within one month along with a certified copy of this order and the said Arbitrator will fix his remuneration, expenses and dates for the said purpose. 6. With the aforesaid direction, this request case is disposed of. MPS/ ( S. N. Hussain, J.)