Union Of India Represented ... vs M/S Ekta Telecommunications ...
2023 Latest Caselaw 2785 Jhar

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   (Letters Patent Appellate Jurisdiction)
                                LPA No. 644 of 2022

Union of India represented through Kaustubh Mani
                                                          ......Appellant
                                     Versus
M/s Ekta Telecommunications Systems                        ... Respondent
                           ---------------

CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

For the Appellant : Mr. Anil Kumar, ASGI : Mr. Pratyush Kumar, CGC For the Respondent : Mr. Vikas Pandey, Advocate : Mr. Piyush Poddar, Advocate : Mr. Manav Poddar, Advocate

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Order No. 13/ Dated: 10th August 2023

Heard Mr. Anil Kumar, the learned ASGI assisted by Mr. Pratyush Kumar, learned CGC.

2. On behalf of the appellant, the following judgments have been referred to by the learned ASGI:

(i) "Gujarat State Civil Supplies Corporation Limited Vs. Mahakali Foods Private Limited and another" (2023) 6 SCC 401

(ii) "Electrosteel Steels Ltd. Vs. State of Jharkhand and others" passed in W.P.(C) No. 3699 of 2015 & analogous cases.

(iii) "Heavy Engineering Corporation Ltd. Vs. State of Jharkhand and others" 2022 SCC OnLine Jhar 843

(iv) "Balvant N. Viswamitra and others Vs. Yadav Sadashiv Mule (Dead) through Lrs." (2004) 8 SCC 706

(v) "Sarup Singh & another Vs. Union of India and another" (2011) 11 SCC 198

(vi) "Lion Engineering Consultants Vs. State of Madhya Pradesh and others" (2018) 16 SCC 758

(vii) "Jogendrasinhji Vijaysinghji Vs. State of Gujarat & others" (2015) 9 SCC 1

(viii) "Shakti Tubes Ltd. Vs. State of Bihar and others" (2009) 1 SCC 786.

3. The respondent - M/s Ekta Telecommunications Systems is represented through Mr. Vikas Pandey, the learned counsel who has referred to the following judgments:

(i) "The Union of India and another vs. Ekta Telecommunication System & others" passed in W.P.(C) No. 6876 of 2012

(ii) "P. Bandopadhya and others Vs. Union of India and others" (2019) 13 SCC 42

(iii) "Balvant N. Viswamitra and others Vs. Yadav Sadashiv Mule (Dead) through Lrs. and others" (2004) 8 SCC 706

(iv) "Indian Farmers Fertilizer Cooperative Limited Vs. Bhadra Products" (2018) 2 SCC 534

(v) "Narayan Prasad Lohia Vs. Nikunj Kumar Lohia and others" (2002) 3 SCC 572

(vi) "Quippo Construction Equipment Limited Vs. Janardan Nirman Private Limited" (2020) 18 SCC 277

(vii) "Bhaven Construction Vs. Executive Engineer, Sadar Sarovar Narmada Nigam Limited and another" (2022) 1 SCC 75

(viii) "Simplex Infrastructure Limited Vs. Union of India" (2019) 2 SCC 455

(ix) "GPT Infra Projects Limited Vs. M/s. Miki Wire Works Pvt. Ltd." passed in C.O. 1078 of 2019.

4. The only question which has been raised by Mr. Anil Kumar, the learned ASGI to challenge the order dated 24th July 2014 passed by Sub-Judge I, (Sr. Division), Seraikella at Seraikella in Execution Case No.11 of 2012 and, in turn, the award dated 18th May 2012/19th June 2012 delivered by the Jharkhand Micro and Small Enterprises Facilitation Council is; whether the award dated 18th May 2012/19th June 2012 delivered by the Facilitation Council constituting 9 members has been rendered a nullity on account of constitution of the Facilitation Council?

5. In support of this issue in law, Mr. Anil Kumar, the learned ASGI has relied on a judgment by a Division Bench of this Court delivered in "Heavy Engineering Corporation Ltd. Vs. State of Jharkhand and others" 2022 SCC OnLine Jhar 843.

6. Post this matter on 16th August 2023 for pronouncement of order.

(Shree Chandrashekhar, J.)

(Anubha Rawat Choudhary, J.) Saurav/Pankaj-