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2025 DAILYLAW 4715 (JHR)

M/S ASHOKA BUILDCON LTD. THROUGH ITS AUTHORIZED SIGNATORY MD. MOHSIN ALAM, SR. ENGINEER v. STATE HIGHWAYS AUTHORITY OF JHARKHAND, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF JHARKHAND

A.APPL/6/2025 · 2025-04-25

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Judgment text

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2025:JHHC:12341 IN THE HIGH COURT OF JHARKHAND AT RANCHI Arb. Application No. 06 of 2025 M/S, ASHOKA BUILDCON LTD., A Company incorporated as per the provisions of The Companies Act, 1956 having registered office at “Ashoka House”, Ashoka Marg, Vadala, P.O. – Wadala, P.S.- Mumbai Naka, District – Nashik-422011 through its authorized signatory Md. Mohsin Alam, Sr. Engineer, Aged about 37 years, S/o. S.A. Khan, Resident of E-10, Kusai Colony, P.O. & P.S. – Doranda, District – Ranchi (Jharkhand) PIN 834002. ... Petitioner Versus STATE HIGHWAYS AUTHORITY OF JHARKHAND, Through Member Technical Road Construction Department, Government of Jharkhand, ADB, PMU, Project Bhavan, HEC Campus, Dhurwa, P.O. & P.S. – Dhurwa, District – Ranchi, Pin-834004. ... Respondent --------- CORAM: HON’BLE THE CHIEF JUSTICE --------- For the Petitioner: Mr. Prabhat Kumar Sinha, Advocate For the Respondents: Mr. Ashutosh Anand, Advocate Mr. Sharad Kaushal, Advocate --------- 03/Dated: 25.04.2025 1. This application has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to resolve the dispute between the parties arising out of agreement dt. 11.03.2016 entered into between the parties. 2. There is no objection on behalf of the respondents, upon instructions, for appointment of an Arbitrator in terms of the arbitration clause no.20.6 contained in the said agreement. 3. Therefore, this application is allowed and Justice S. Muralidhar, Former Chief Justice of Orissa High Court, residing at No.15, Ground Floor, Sadhna Enclave, Panchsheel Park, New Delhi-110017, is appointed as the Sole Arbitrator to adjudicate the disputes between the parties. 2025:JHHC:12341 4. 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. 5. Learned Arbitrator would endeavor to conclude the proceedings expeditiously, also taking into regard the mandate of the Legislature under Section 29A of the Act of 1996. 6. The Registry is directed to intimate the learned Arbitrator so appointed 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. 7. The Arbitration Application stands disposed of. (M.S. Ramachandra Rao, C.J.) Manoj/Pramanik/Cp.2