M/S Golchha Udyog vs The State Of Bihar
2021 Latest Caselaw 5143 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.8139 of 2020
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M/s Golchha Udyog, a Partnership Firm, having its place of business at Gandhi Chouk, P.O. and P.S. Forbesganj, District Araria, through its Partner, Moolchand Golchha, aged about 64 years, (male), Son of Late Govardhan Das Golchha, Resident of Arun Kumar Golchha Marg, P.O. and P.S. Forbesganj, District Araria.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

2. The Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

3. The Bihar State Food and Civil Supplies Corporation Limited, through its Managing Director, Khadya Bhawan, Daroga Prasad Rai Path, R-Block, Road No.2, Patna- 800001.

4. The Managing Director, Bihar State Food and Civil Supplies Corporation Limited, Khadya Bhawan, Daroga Prasad Rai Path, R-Block, Road No.- 2, Patna- 800001.

5. The District Manager, Bihar State Food and Civil Supplies Corporation Limited, District Araria.

6. The District Magistrate cum Collector, Araria.

7. The Additional District Magistrate (Establishment) cum District Certificate Officer, Araria.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Suraj Samdarshi, Adv.

     For the BSFC           :     Mr. Harish Kumar, Adv.
     For the State          :     Mr. AC to AAG4

====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 02-11-2021 Heard learned counsel for the petitioner and learned

counsel for the respondents. Learned counsel for the petitioner has

filed an undertaking to remove all defects pointed out by the

Stamp Reporter as and when required. It is accordingly directed Patna High Court CWJC No.8139 of 2020 dt.02-11-2021

that all defects pointed out by the Stamp Reporter be removed

within one month hereof.

2. The present writ petition has been filed for the

following reliefs as formulated by the petitioner-

"1(i) To issue an appropriate writ, order or direction in the nature of certiorari for quashing order dated 13.06.2020 passed by the Respondent Additional District Magistrate (Establishment) cum District Certificate Officer, Araria in Certificate Case No. 01/2014-2015 whereby and where under the objection filed by the petitioner has been rejected and the petitioner has been directed to deposit Rs. 46,66,254.40/- as interest upon the principal amount already paid by the Petitioner under protest, on the ground that the same is completely arbitrary and unjustified in nature.

(ii) To issue a further writ order or direction in the nature of mandamus commanding the Respondent Additional District Magistrate (Establishment) cum District Certificate Officer, Araria, not to proceed further with Certificate Case no. 01/2014-2015 and keep the same in abeyance till the final decision of Arbitral Tribunal consisting of Sole Arbitrator Hon'ble (Retired) Mr. Justice Ramesh Kumar Dutta, in Arbitration Case No. 02 of 2019.

(iii) The Hon'ble Court may adjudicate and hold the order dated 13.06.2020 passed by the Respondent Additional District Magistrate (Establishment) cum District Certificate Officer, Araria in Certificate Case no 01/2014-2015 is in utter violation of interim order dated Patna High Court CWJC No.8139 of 2020 dt.02-11-2021

11/22.10.2019 passed by the Arbitral Tribunal consisting of Sole Arbitrator Hon'ble (Retired) Mr. Justice Ramesh Kumar Dutta, in Arbitration Case No. 02 of 2019, directing that no coercive steps be taken against the petitioner and thus bad in law.

(iv) This Hon'ble Court may adjudicate and hold that action of the Respondents in compelling the petitioner to deposit Rs. 46,66,254.40/- as interest upon the principal amount already paid by the Petitioner under protest, under the threat of coercive action that too without any substantive finding of liability against the Petitioner is highly arbitrary exercise of power conferred under the Act and tantamount to abuse of power.

(v) This Hon'ble Court may adjudicate and hold that no interest is payable since the entire disputed amount has been paid prior to adjudication.

(vi) This Hon'ble Court may award the cost of litigation and suitable compensation to the Petitioner for the loss and damages caused on account of the illegal and arbitrary actions of the Respondent Authorities.

(vii) To grant any other relief or reliefs which the Petitioner may be found entitled to in the facts and circumstances of the case."

3. Without going into the detailed merits of the matter,

Mr. Suraj Samdarshi, learned counsel appearing on behalf of the

petitioner states that three separate proceedings relating to the

petitioner and two other persons, were running concurrently before

the Certificate Officer, which were disposed of by separate orders,

all dated 13.06.2020, and in all of which a direction was issued for Patna High Court CWJC No.8139 of 2020 dt.02-11-2021

making certain payment latest by 15.07.2020 before proceeding

further in the matter. He further states that in the other two matters,

namely Certificate Case no. 02/2014-2015 and Certificate Case

No. 03/2014-2015 respectively, the interim orders of stay passed in

arbitration proceedings were brought to the notice of the

Certificate Officer, consequent upon which the Certificate Officer

recalled both his orders dated 13.06.2020 in the said two cases.

4. It is stated that in the petitioner's case, however, the

similar interim order passed in Arbitration Case No. 2/2019 in the

petitioner's case could not be brought to the notice of the

Certificate Officer by the parties in the backdrop of the on-going

Covid-19 Pandemic. As such, the order dated 13.06.2020 of the

Certificate Officer in the petitioner's case could not be recalled

and continued on record.

5. Learned counsel for the respondent State appears and

has been heard. He fairly states that in this circumstance, there can

be no objection if the matter is remanded to the Certificate Officer

for passing a fresh order, keeping in view the nature of interim

order passed in the arbitration case.

6. Having heard the parties and on consideration of the

materials on record, the impugned order dated 13.06.2020 passed

in Certificate Case No. 01/2014-2015 (Annexure-18) by the Patna High Court CWJC No.8139 of 2020 dt.02-11-2021

Additional District Magistrate (Establishment) cum District

Certificate Officer, Araria is set aside and the matter is remanded

to him for passing a fresh order, having regard to the interim order

passed in the Arbitration Case No. 2/2019.

7. This writ petition stands disposed of with the

aforementioned observations and direction.

8. Office shall follow-up to ensure that all defects are

removed and compliance with the notices of this Court are made

by the petitioner within the stipulated time provided in para 1

hereinabove, failing which the matter shall be brought to the notice

of this Court.

(Vikash Jain, J) rishi/-

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Uploading Date          03.11.2021
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