M/S Vee Kay Prestressed Private ... vs The State Of Jharkhand & Others
2023 Latest Caselaw 1295 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI

                              W.P. (C) No. 479 of 2023

             M/s Vee Kay Prestressed Private Limited     ...      ... Petitioner
                                   Versus
             The State of Jharkhand & Others            ...     ... Respondents
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. Indrajit Sinha, Advocate : Ms. Khushboo Kataruka : Mr. Shubham Kataruka : Mr. Allam Anton Andrew, Adv.

For the Resp. No. 1 : Mr. Sachin Kumar, AAG-II : Ms. Surabhi, A.C. to AAG-II

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04/23.03.2023

1. Learned counsel for the parties are present.

2. Learned counsel for the petitioner has submitted that the present writ petition has been filed on the ground that the impugned award is a nullity as the same has been passed without initiating arbitration proceeding. The learned counsel submits that the proceeding for conciliation was going on before the Facilitation Council and suddenly, the impugned award was passed although there was no order referring the matter for arbitration before passing the award. The learned counsel submits that there are numerous such orders passed by the Facilitation Council and different writ petitions have been filed.

3. The learned counsel has referred to the judgment passed by the Hon'ble Supreme Court reported in 2021 SCC Online SC 1257 decided on 15th December, 2021. He has in particular referred to paragraph 14 and 15 of the said judgment to submit that the present case is squarely covered by the said judgment and the writ petition is maintainable as the award is a nullity in the eyes of law.

4. Learned counsel appearing on behalf of the respondent-State has submitted that the allegations levelled against the petitioner can be best answered by the Facilitating Council and they should be made separately as a party respondent in the present case. The learned counsel has also submitted that if the submissions made by the learned counsel for the petitioner is correct, then the procedure being adopted by the Facilitating Council is required to be rectified and pronouncement may be made in that connection.

5. Learned counsel for the petitioner is permitted to add Jharkhand Micro and Small Enterprises Facilitation Council, having its office at 3rd Floor, Nepal House, Doranda, P.O. & P.S. Doranda. Ranchi 834002 as respondent No. 4 in red ink during the course of the day.

6. Issue notice to the respondent Nos. 2 and 3 under speed post as well as through e-mail. The requisites for service of notice through speed-post be filed by 28.03.2023. The e-mail address of the respondent No. 2 and 3 has been provided by the petitioner as under: - Email id of Respondent No. 2: - [email protected] Phone No. : 9431020163 Email id of Respondent No. 3 : [email protected] : [email protected] Phone No. : 9810010222

7. Learned counsel for the petitioner shall take steps for personal service of notice upon the newly added respondent No. 4. The notice should accompany with a copy of this order and a copy of the entire writ records. The requisites for undertaking personal service be also filed by 27.03.2023. The email id of newly added respondent No. 4 is as under: -

                      Email id             : [email protected]
                      Phone No.            : 0651-2491844

8. The affidavit regarding service of notice upon respondent No. 4 be filed by 06.04.2023.

9. Post this case on 11.04.2023 in the supplementary cause list awaiting service report.

10. The office is directed to serve notices to the aforesaid respondents through their respective e-mail id.

11. Office is also directed to track the speed post delivery and prepare proper office note in connection with service of notice.

12. Since the order is being passed in connection with an award, the point of maintainability of the writ petition is kept open.

(Anubha Rawat Choudhary, J.) Mukul