JAI SHANKAR SINGH Vs. MANAGING DIRECTOR, BIHAR STATE FOOD & CIVIL SUPPLY CORPORATION LIMITED AND OTHERS

JUDGEMENT

(1.) All these petitions/matters are placed before the Court today in the light of the certain developments that have taken place after orders passed by the Hon'ble Supreme Court dated 29.01.2018 in Special Leave to Appeal (C) No. 450 of 2018.

(2.) Having heard learned counsel appearing on behalf of the respective applicants and the respondent-Corporation and considering the earlier common order passed by this Court dated 08.09.2017 and the order dated 29.01.2018 passed by the Hon'ble Supreme Court and also the subsequent order passed by this Court in Request Case No. 118 of 2017 and other orders, all these applications are allowed. Shri Bipin Bihari Singh, District Judge (Retired) is, hereby, appointed as an Arbitrator to deal with the issue in question, subject to the Registry obtaining the appropriate declaration from the sole Arbitrator, as required, under Section 11(5) of the Arbitration and Conciliation Act, 1996 as amended from time to time, to be obtained this from three weeks from today and such declaration be placed on record in each of the present proceeding. All these applications are ALLOWED, accordingly. Considering the order passed by the Hon'ble Supreme Court, dated 29.01.2018 in Special Leave to Appeal (C) No. 450 of 2018, it is observed that the learned Arbitrator to conclude the arbitration proceeding on day to day basis within a period of three months from the date of the first hearing which shall begin within a period of two weeks from the date of furnishing the declaration as above. It is also made clear that pendency of arbitration proceedings will not affect criminal proceedings, including the investigation. All the arbitration proceedings will be carried out at Patna. All contentions available under the law to the parties before the arbitrator are left open to be gone into by the Arbitrator in accordance with law. All concerned are directed to co-operate the learned Arbitrator in finalizing the decision and disposing of all the arbitration proceedings at the earliest within a period, observed hereinabove. With this observation and direction, all these applications are allowed/disposed of.