M/S UNIVERSAL AGRO CORPORATION LTD. THROUGH ITS DIRECTOR SHRI PANKAJ KUMAR v. JHARKHAND STATE FOOD AND CIVIL SUPPLIES CORPORATION LTD. THROUGH ITS MANAGING DIRECTOR
A.APPL/28/2025 · 2025-08-08
body2025
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[ 2025 DAILYLAW 19455 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19455 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:23177
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Arbitration Application No. 28 of 2025
M/s Universal Agro Corporation Ltd. Through its Director Shri Pankaj Kumar, aged about 52 years, S/o Shri Rameshwar Prasad Singh of Having its registered office at Shashi Palace, Hemra Road, Ward No. 20, P.O. & P.S.- Vishnupur, District-Begusarai, Bihar (851101)
... ... ... Applicant
Versus Jharkhand State Food and Civil Supplies Corporation Ltd. Through Its Managing Director JSFC Bhawan, Kadru Main Road, P.O & P.S. Doranda, District- Ranchi, Jharkhand (834002). ... Respondent
--------- CORAM:
HON’BLE THE CHIEF JUSTICE
--------- For Applicant : Mr. Shivam Kumar, Advocate
For Respondent : Mr. Mrinal Kanti Roy, Advocate. --------- 02/Dated: 08.08.2025
1. Heard. 2. It transpires that in Arbitration Application No. 6 of 2024 filed by the applicant herein, it was vide order dated 25.10.2024 that Shri Lalit Prakash Choubey, retired Principal District and Sessions Judge was appointed as the sole Arbitrator. Thereafter, it appears that Shri Choubey had been functioning as the Chairman, District Consumer Disputes Redressal Commission, Dhanbad. In terms of Rule 11(3) of the Consumer Protection (Salary, allowances and conditions of service of President and Members of the State Commission and District Commission), Model Rules, 2020, the President or Member are banned from undertaking any arbitration work while functioning in these capacities in the State Commission or the District Commission, as the case may be. Obviously in such circumstances,
2025:JHHC:23177
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a new Arbitrator is required to be appointed in place of Shri Choubey. 3. Accordingly, Mrs. Justice Jaya Roy, Former Judge of this Court, residing at Roy Compound, Dr. Fatullah Road, Near Lower Bazaar Police Station, Ranchi-834001, is appointed as the Arbitrator on the same terms and conditions on which Mr. Choubey had been appointed as the Arbitrator vide order dated 25.10.2024. A copy of this order along with the copy of the order dated 25.10.2024 be sent to the learned Arbitrator. 4. The parties have no objection in case the new Arbitrator proceeds with the arbitration as commenced from the stage, it has been carried out by the previous Arbitrator. 5. Earlier appointed Arbitrator, Shri Choubey is requested to hand over the records of the arbitration to the Registry of this Court and the Registry, in turn, on receipt of the records, is directed to remit the same to the learned Arbitrator appointed today. 6.
All contentions available to the parties are left open. 7. Learned Arbitrator would be free to lay down fees and other expenses towards conduct of the arbitration proceedings, however, keeping into account the ceiling prescribed under Schedule IV of the Act of 1996 as amended. 8. Learned Arbitrator would endeavor to conclude the proceedings expeditiously, also taking into regard the mandate of the Legislature under Section 29-A of the Act of 1996. 2025:JHHC:23177
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9. The Registry is directed to intimate the learned Arbitrator so appointed with a request to take up the arbitration proceeding and send photocopy of the entire pleadings along with copy of the entire order sheets to the learned Arbitrator. 10. Accordingly, this arbitration application stands disposed of. 11. Pending Application, if any, stands disposed of. (Tarlok Singh Chauhan, C.J.)
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