Patna High Court
M/S Esskay Builders vs The State Of Bihar on 27 October, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.47 of 2021
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M/s Esskay Builders, a sole proprietorship firm constituted C/2, Konark
Splender, Vadagonsheri, Pune, Maharashtra - 411014, through its authorized
signatory Sanjay Malhotra (Male) aged 58 years, son of Late Yash Raj
Malhotra, Resident of E-601, Marvel Bounty, Tupe Patil Road, Hadpasar,
Pune City, District - Pune, Maharashtra - 411028.
... ... Petitioner/s
Versus
1. The State of Bihar, through Principal Secretary, Public Health Engineering
Deptt.
2. The Chief Engineer, Public Health Engineering Department, Muzaffarpur.
3. The Superintendent Engineer, Public Health Engineering Department,
Chapra.
4. The Executive Engineer, Public Health Engineering Department, Chapra.
5. The Assistant Engineer, Public Health Engineering Department, Chapra.
6. The Certificate Officer Cum Additional Collector, Saran, Chapra.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Apurv Harsh, Advocate
Mr. Monu Tripurari, Advocate
Mr. Prashant Bhardwaj
For the Respondent/s : Mr. S. Raza Ahmad, AAG-5
Mr. Alok Ranjan, AC to AAG-5
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CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date : 27-10-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
"1. (a) For issuance of a writ or direction in
terms of Section 11(4) of The Arbitration &
Conciliation Act, 1996 appointing a neutral
Patna High Court REQ. CASE No.47 of 2021 dt.27-10-2021
arbitrator for settlement of issue/claim between the
petitioner and respondents;
(b). For issuance of a writ in the nature of a
declaration that the unilateral action of the
respondents calling upon the petitioner to deposit the
sum demanded on account of non-execution of work
as per agreement in stipulated time in absence of due
opportunity of explanation/objection against the
proposed imposition of liability is illegal, arbitrary,
unreasonable and violative of principals of natural
justice;
(c). For any other relief or relief/s to which
the petitioner is found entitled in the facts and
circumstances of the case."
Learned counsel for the petitioner seeks permission
to take recourse to the relevant provisions of settlement of
disputes, as contained in Clause 25 of the agreement dated 6 th of
October, 2013 (Annexure-2).
Learned counsel for the State states that the
respondents shall take a decision on the petitioner's request
expeditiously and positively within the period stipulated under
the clause.
Statement accepted and taken on record.
The present petition stands disposed of in the
aforesaid terms, reserving liberty to approach the Court afresh,
if the need so arises subsequently.
Patna High Court REQ. CASE No.47 of 2021 dt.27-10-2021
Interlocutory Application(s), if any, shall stand
disposed of.
(Sanjay Karol, CJ)
P.K.P./Amrendra
AFR/NAFR
CAV DATE
Uploading Date 29.10.2021
Transmission Date
