Baba Hans Constructions Pvt. Ltd.versusThe State of Bihar

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                          REQUEST CASE No.2 of 2025
     ======================================================
     Baba Hans Constructions Pvt. Ltd. having its registered office at Plot No.-
     3D, Near Pensioner Bhawan, Road No.- 3, Patliputra Colony, Patna - 13
     through its Managing Director Satyendra Kumar Singh, (Male), aged about
     56 years, Son of Jagdish Prasad Singh, Resident of Flat No. - 162, Anand
     Puri, West Boring Canal Road, P.S.- S.K. Puri, District - Patna.

                                                                ... ... Petitioner
                                     Versus
1.   The State of Bihar through the Additional Chief Secretary, Department of
     Road Construction, Government of Bihar, Patna.
2.   The Engineer-in-Chief, Department of Road Construction, Government of
     Bihar, Patna.
3.   The Chief Engineer (South Wing), Department of Road Construction,
     Government of Bihar, Patna.
4.   The Superintending Engineer, Department of Road Construction, Road
     Division, Munger, District- Munger.
5.   The Executive Engineer, Road Construction Department, Road Division,
     Lakhisarai, District- Lakhisarai.

                                               ... ... Respondents
     ======================================================
     Appearance :
     For the Petitioner    :       Mr. Alok Kumar Agrawal, Advocate
     For the Respondents   :       Mr. Vikas Kumar, A.C. to A.G.
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
     ORAL JUDGMENT
      Date : 17-04-2026

                   This request case has been filed under Section 11(6)

      of the Arbitration and Conciliation Act, 1996 (hereafter ‘1996

      Act’) by Baba Hans Constructions Pvt. Ltd. with a prayer for

      appointment of an arbitrator for adjudication of dispute between

      the parties in accordance with the Arbitration Agreement as

      contained in Clause 25 of the General Conditions of Contract

      (‘GCC’) dated 02.12.2013 (Annexure-P/2 series).

                   2. It is the case of the petitioner that an agreement
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         was executed between the petitioner and the respondent Road

         Construction Department for construction of Lakhisarai bypass

         road with R.O.B. from N.H.-80 to S.H.-8 for financial year

         2013-14. However, a dispute arose between the parties and the

         petitioner raised the dispute by submitting notice under Clause-

         25 of the GCC before the respondent Superintending Engineer,

         R.C.D., Road Division, Munger on 02.09.2024 who rejected the

         request of the petitioner vide letter dated 24.10.2024. Thereafter,

         the petitioner approached the respondent Chief Engineer, South

         Wing, R.C.D., Patna vide letter dated 01.10.2024 and ultimately

         vide letter dated 28.11.2024 he issued notice under Clause 25 of

         the GCC for appointment of independent arbitrator for

         adjudication of the dispute, but to no avail.

                       Finding no respite, the petitioner has filed the present

         petition for appointment of an independent arbitrator.

                       3. Having heard learned counsel for the parties, I find

         that there is no legal impediment in the adjudication of dispute

         by the Arbitrator, more particularly when the dispute arises out

         of the agreement which is being civil in nature and the petitioner

         has exhausted the channel available for resolution of the dispute.

                       4. In view of such finding as arrived at and on

         consensus of both the learned counsel for the parties, Hon’ble
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         Mr. Justice Rakesh Kumar, former Judge of this Court, is

         appointed as learned Arbitrator to adjudicate all disputes arising

         out of agreement entered into between the parties to the lis.

                       5. All the pleas and issues raised, on merits, are left

         open to be considered and decided by the learned Arbitrator.

                       6. The learned Arbitrator shall be entitled to fee as

         per the Schedule of the Act.

                       7. Since the dispute arises out of an agreement of the

         year 2013, the hearing be expedited.

                       Parties undertake to fully cooperate and not to take

         any unnecessary adjournment.

                       The issue of limitation, if any, is left open to be

         raised before the learned Arbitrator.

                       8. Joint Registrar (List) is directed to communicate

         the order to the learned Arbitrator.

                       9. Learned counsel for the parties also undertake to

         communicate the order to the learned Arbitrator.

                       10. The learned Arbitrator shall issue notice to the

         parties.

                       11. The Request Petition stands disposed of in the

         above terms.

                       12. Interlocutory Application(s), if any, shall stand
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                      disposed of.




                                           (Sangam Kumar Sahoo, CJ)
P.K.P./-
AFR/NAFR
CAV DATE
Uploading Date          18.04.2026
Transmission Date