SAI INSPECTION AGENCY BEING REPRESENTED BY ITS PROPRIETOR SRI B.P. SINGH v. UNION OF INDIA, THROUGH GENERAL MANAGER, SOUTH EASTERN RAILWAYS
A.APPL/17/2025 · 2025-08-08
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 6934 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6934 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:22676
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Arbitration Application No. 17 of 2025 SAI Inspection Agency, a proprietorship firm having its registered office at Road No.9, Plot No.106-A, Aditya Garden, Industrial Area, P.O. & P.S. Adityapur, District Seraikela-Kharsawan (Jharkhand) being represented by its proprietor Sri B.P. Singh, S/o. Late Kapildeo Prasad Sharma, residing at House No.77, Road No.7, Aditya Garden, Adityapur, District Seraikela-Kharsawan, PIN 832109 (Jharkhand) ... ... Petitioner
Versus
1. Union of India, through General Manager, South Eastern Railways, having its office at Garden Reach Kolkata, P.O. Garden Reach, P.S.- Garden Reach, District Kolkata (West Bengal)
2. The Chief Electrical Engineer (Diesel-Loco & Pilot), South Eastern Railway, having office at Garden Reach Kolkata, P.O. -Garden Reach, P.S.- Garden Reach, District Kolkata (West Bengal)
3. The Senior Divisional Electrical Engineer (OP), South Eastern Railway, having office at Chakradharpur, PO & PS-Chakradharpur, District … … Respondents
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CORAM:
HON’BLE THE CHIEF JUSTICE
--------- For the Petitioner: Mr. Shivam Utkarsh Sahay, Advocate For the Respondents: Mr. Anil Kumar, Addl. S.G.I.
Mr. Abhijeet Kumar Singh, C.G.C.
--------- 04/Dated: 08.08.2025
1. Heard.
2. The order dated 16.01.2025 passed in Arbitration Appeal No.06 of 2021 clearly reserves liberty to the applicant herein, who was respondent before the said Court, to move the Court for appointment of Arbitrator as per the arbitration clause.
3. It is not in dispute that the respondent herein was the appellant in the said case, meaning thereby, the order as referred to above has been passed inter se the parties and has attained finality.
2025:JHHC:22676
4. Obviously, in such circumstances, there can be no objection to the Arbitrator being appointed, as has been prayed in the instant application.
5. Accordingly, Mr. Saibal Kumar Laik, an Advocate of the High Court of Jharkhand, residing at Flat No.201, “Subham Flatlets”, 64, Navin Mitra Road, Burdwan Compound, Ranchi-834001, is hereby appointed as the Sole Arbitrator to adjudicate upon the dispute between the parties.
6. All contentions available to the parties are left open.
7. 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.
8. 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.
9. Accordingly, this application is allowed.
10. The Registry is directed to intimate the Arbitrator so appointed with a request to take up the arbitration proceeding and shall also provide photocopy of the entire pleadings along with copy of the entire
order sheet to the learned Arbitrator.
11. Urgent Certified Copies as per Rules.
(Tarlok Singh Chauhan, C.J.) N.A.F.R. Manoj/Parmanik Cp.02