IN THE HIGH COURT OF JUDICATURE AT PATNA REQUEST CASE No.12 of 2010 BIHAR COMMUNICATION PVT.LTD (REGISTERED UNDER THE COMPANIES ACT, 1956). 103 AND 107, P.V. COMPLEX, WEST BORING CANAL ROAD, PATNA THROUGH ITS AUTHORISED SIGNATURIES SHREE A.M. SRIVASTAVA (DIRECTOR). AT PRESENT RESIDING AT DEVASHRAM, SHIVAJEE PATH, YARPUR, PATNA-1. ….. PETITIONER. VERSUS 1. THE UNION OF INDIA, THROUGH THE SECRETARY, MINISTRY OF RAILWAYS, NEW DELHI. 2. THE CHIEF COMMERCIAL MANAGER/ P.M. NORTHERN RAILWAY, I.R.C.A. BUILDING, NEW DELHI. 3. THE CHIEF COMMERCIAL MANAGER, NORTHERN RAILWAY, BARAUDA HOUSE, NEW DELHI. 4. THE DEPUTY CHIEF COMMERCIA MANAGER/ D.B. NORTHERN RAILWAY, I.R.C.A. BUILDING, NEW DELHI. ……….RESPONDENTS. ----------- For the petitioner : Mr. Pancham Lal Jaishwal, Advocate. For the respondents : Mr. Bhupendra Narain Yadav, Advocate. -------- 05/ 15.12.2010 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This petition has been filed for appointment of an Arbitrator for deciding the dispute between the parties with respect to amount due (Rs.13,13,500.00) with statutory interest from the due date till its payment along with damages, compensation and extra cost of the case etc. 3. From the submissions made by learned counsel for the petitioner and learned counsel for the respondents, it appears that there is an agreement between the parties in which there is an arbitration clause. It is also apparent that there is a dispute between the parties with respect to the payment of the said amount as per the agreement and for resolving the dispute the petitioner had - 2 - approached the respondents for appointment of an Arbitrator which could not materialize. 4. In this admitted situation, the only question is appointment of an Arbitrator. Learned counsel for the petitioner suggests the name of Mr. Rajendra Prasad, a retired Judge of this Hon’ble Court for being appointed as Arbitrator. Learned counsel for the respondents has no objection to it. 5. In the said circumstances, the aforesaid retired Judge of this Hon’ble Court is appointed as Arbitrator for resolving the dispute between the parties expeditiously. Both the parties are directed to approach the said Arbitrator along with a copy of this order within fifteen days from today and the Arbitrator will be at liberty to fix his remuneration, expenses and would also fix dates for hearing the arbitration matter so that it may be decided expeditiously. 6. With the aforesaid observations, this request case is disposed of. Sunil (S. N. Hussain, J.)