IN THE HIGH COURT OF JUDICATURE AT PATNA REQ. CASE No.38 of 2008 M/s Prasad & Co., through its partner Bharat Bhusan, son of Late Madan Mohan Prasad, resident of Mohalla-Lila Mohan Niwas, Nai Sarai, P.S. Bihar Sharif, District-Nalanda. ……Petitioner. V e r s u s 1. The Union of India 2. The Chief Administrative Officer (Construction), East Central Railway, Mahendru Ghat, Patna. …..Respondents. For the petitioner : Mr. Umashankar Tiwary, Advocate. For respondent no.2 : Mr. A. Amamullah, Railway Advocate. ------------ 05/ 30.01.2009 Heard learned counsel for the petitioner and learned counsel for the respondent authority. 2. This request case has been filed by the petitioner for appointment of an independent/impartial Arbitrator with respect to the dispute between the parties. 3. The claim of the petitioner was that he entered into an agreement with the Chief Administrative Officer, East Central Railway on 29.01.2003 for construction of major bridges of various spans in connection with Koderma – Ranchi New Line. It is also stated that in course of construction of the said work, a dispute arose between both the parties which was to be settled under Clause 64 of the said agreement and the petitioner having raised a claim on 08.02.2007, an Arbitral Tribunal was formed for the purpose in which counter was filed by the Railway and rejoinder was also filed by the petitioner but during the pendency of the proceeding Md. Aizaz Ahmad, nominee of the petitioner, took voluntary retirement on 28.05.2008 and hence on 24.07.2008 the Deputy Chief Engineer sent a panel of four names to the petitioner directing him to send two 2 names out of the four as his nominee Arbitrator, whereafter on 31.07.2008 the petitioner sent a letter to the said Deputy Chief Engineer selecting B.L. Harijan as nominee Arbitrator in place of Mr. Aizaz Ahmad. Learned counsel for the petitioner submits that thereafter neither any communication was made nor any information was given to the petitioner by the authority with regard to formation of any fresh Arbitral Tribunal. Hence he had no option but to file instant request case on 14.11.2008. 4. On the other hand, learned counsel for the respondents filed a counter affidavit stating that after receiving the letter of the petitioner dated 31.07.2008 the authority appointed a fresh Tribunal, including the new nominee of the petitioner Mr. B.L. Harijan on 26.08.2008 and information regarding it was sent to the petitioner through the authority concerned who received it on 04.09.2008 and communicated it to the petitioner vide letter dated 05.09.2008. Hence, he submits that the Tribunal having already been formed in accordance with law, including the nominee of the petitioner himself, the matter has to be decided by the said Tribunal and there is no occasion for continuing with the instant case. However, learned counsel for the petitioner has filed a rejoinder to the counter affidavit denying any such communication having received by the petitioner from the authority concerned. 5. Be that as it may, it is quite apparent that the petitioner’s choice of nominee was B.L. Harijan as per his letter dated 31.07.2008 and the authority concerned constituted a Tribunal on 3 26.08.2008, including the said nominee of the petitioner, hence the only dispute which remains is as to whether the said order of the authority dated 26.08.2008 was communicated to the petitioner or not. 6. However, the fact remains that a Tribunal has been constituted and no illegality is pointed out in the constitution of the said Tribunal. Furthermore, the respondents’ counsel has served a copy of the order of the authority concerned dated 26.08.2008 constituting the Tribunal to learned counsel for the petitioner. In the said circumstances, this court feels that a Tribunal having already been constituted in accordance with law, the matter should be considered and decided by the said Tribunal, expeditiously preferably within the period of six months. 7. In view of the aforesaid facts and circumstances, this petition is disposed of. harish/ ( S.N.Hussain, J.)