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2025 DAILYLAW 32734 (JHR)

M/S MODI PROJECTS LIMITED, REP. BY AUTHORISED REPRESENTATIVE MR. PRADIP MODI v. THE UNION OF INDIA, THROUGH THE GENERAL MANAGER, EAST CENTRAL RAILWAYS, HAJIPUR

A.APPL/49/2025 · 2025-12-18

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Judgment text

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Neutral Citation No. 2025:JHHC:38078 p. 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Arbitration Application No. 49 of 2025 M/s Modi Projects Limited, having its principle place of business at 248, Kanke Road, Ranchi, Jharkhand 834008, represented by authorised representative Mr. Pradip Modi, aged about 68 years, son of Late Sita Ram Modi, residing at 9/1 Basant Vihar, Kanke Road, Ranchi – 834008, P.O. Ranchi University, P.S. Gonda, Dist. Ranchi, Jharkhand. ... ... Petitioner Versus 1. The Union of India, through the General Manager, East Eastern Railway, Hajipur, P.O. + P.S. Hajipur, Bihar Pin Code – 844101. 2. The Chief Administrative Office (Con.), East Central Railways, North Mahendrughat, Patna, P.O. Patna, P.S. Pirbahore, Bihar, Pin Code – 800004. 3. Chief Engineer (Con), East Central Railways, North Mahendrughat, Patna, P.O. Patna, P.S. Pirbahore, Bihar, Pin Code – 800004. 4. The Deputy Chief Engineer, East Central Railways, Barkakana, P.O. & P.S. Barkakana, Jharkhand. … … Respondents --------- CORAM: HON’BLE THE CHIEF JUSTICE --------- For the Petitioner: Mr. Shresth Gautam, Advocate For the Respondents: Mr. Prashant Pallav, A.S.G.I. Mr. Ajay Kumar Pathak, C.G.C. Mr. Ayush, A.C. to A.S.G.I. --------- 03/Dated: 18.12.2025 1. Heard both sides. 2. This Arbitration Application has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator and for reference of the dispute arising out of Clause 47 of the Agreement dated 25.08.2015 between the parties for adjudication. 3. Since, there is an arbitration clause which is admitted by both parties, therefore, Hon’ble Mr. Justice Amitav Kumar Gupta, retired Judge of High Court of Jharkhand, presently residing at Flat No.304, Neutral Citation No. 2025:JHHC:38078 p. 2 “The Solitaire”, Behind Bachpan Play School, Opposite – Saurav Kunj Apartment, Near Chandni Chowk, Kanke Road, District – Ranchi- 834008, is hereby appointed as the Sole Arbitrator to adjudicate the dispute between the parties. 4. All contentions available to the parties are left open. 5. Learned Arbitrator would be free to lay down the fees and other expenses towards conduct of the arbitration proceedings, however, while doing so he shall take into account the ceiling prescribed under Schedule IV of the Act of 1996 as amended. 6. Learned Arbitrator would endeavor to conclude the proceedings expeditiously by taking into regard the mandate of the Legislature under Section 29-A of the Act of 1996. 7. Accordingly, this application is allowed. 8. The Registry is directed to intimate the Arbitrator so appointed with a request to take up the arbitration proceedings and shall also provide photocopies of the entire pleadings along with copies of the entire order-sheets to the learned Arbitrator. 9. Urgent Certified Copies as per Rules. (Tarlok Singh Chauhan, C.J.) December 18, 2025 N.A.F.R. Manoj/Pramanik/Cp.2 Uploaded on 19.12.2025