IN THE HIGH COURT OF JUDICATURE AT PATNA REQUEST CASE No.103 of 2024 ====================================================== Zillion Infraprojects Pvt. Ltd. 5th floor Anushka Shopping Mall, Plot No.2, Garg Trade Centre Sector-11, Rohini, New Delhi- 110085 E Mail cirp.zillion@gmail.com, cssaxena1951@gamial.com ... ... Petitioner/s Versus Power Mech Projects Limited Registered Office at Plot No. 77, Jubilee Enclave, Opp. Hitex, Madhapur, Hyderabad Telangana- 500081 E mail info@powermech.net, delhi@powermech.net ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjan Kumar Sinha, Advocate For the Respondent/s : Mr. Ankit Katriar, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 3 02-05-2025 Heard Mr. Ranjan Kumar Sinha, the learned counsel for the petitioner and the learned counsel for the respondent. 2. This application has been moved seeking appointment of an Arbitrator invoking the powers of this Court under Section 11 (6) of the Arbitration and Conciliation Act, 1996. 3. The Petitioner and the respondents entered into an agreement dated 29.12.2010(Annexure-4). The said agreement contains an arbitration clause. The petitioner invoked the arbitration clause by sending a Patna High Court REQ. CASE No.103 of 2024(3) dt.02-05-2025 2/4 notice under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator on 02.07.2024 (Annexure-28), but to no avail. 4. It is pleaded that the respondents have not settled the dispute till date and the dispute is of civil nature. 5. Today, there is no dispute about-(a) the legality, validity and binding effect of the written agreement entered into between the parties to the lis; (b) the existence of arbitration clause contained therein; (c) the existence of dispute(s) arising therefrom; (d) the dispute arising out of the agreement therefrom; (d) they being civil in nature; (e) no legal impediment in the adjudication of the dispute by the learned Arbitrator; (f) petitioner having exhausted the channel available for resolution of the dispute; (g) the respondent having failed to appoint an Arbitrator pursuant to the invocation of the arbitration clause by the petitioner. 6. As such, Hon'ble Mr. Justice Jyoti Saran, a Patna High Court REQ. CASE No.103 of 2024(3) dt.02-05-2025 3/4 retired Judge of this Court, is appointed as the learned Arbitrator to adjudicate all disputes arising out of the agreement entered into between the parties to the lis. 7. All the pleas and issues raised, on merits, are left open to be considered and decided by the learned Arbitrator. 8. The learned Arbitrator shall be entitled to fee as per the schedule of the Act. 9. Since the dispute arises out of an agreement of the year 2013, the hearing be expedited. 10. The issue of limitation, if any, is left open to be raised before the Arbitral Tribunal. 11. Joint Registrar (List) is directed to communicate the order to the learned Arbitrator. 12. Learned counsel for the parties also undertake to communicate the order to the learned Arbitrator. 13. The Arbitral Tribunal shall issue notice to the parties. Patna High Court REQ. CASE No.103 of 2024(3) dt.02-05-2025 4/4 14. The Request Petition stands disposed off in the above terms. Rajesh/- (Ashutosh Kumar, ACJ) U