Patna High Court
Jai Mata Dee Construction vs The State Of Bihar on 11 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11826 of 2021
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Jai Mata Dee Construction Through its Proprietor Devendra Kumar, (Male)
Aged about 58 Years, S/o Late Ramchandra Thakur, Regd. Office at and R/o
Village Serena, P.S. Kanti, District - Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principal Secretary, Department of
Industries, Govt. of Bihar, Patna.
2. The Director of Industries-Cum-Chairperson, Micro and Small Enterprises
Facilitation Council Office of Director of Industries, 2nd Floor, New
Secretariat, Patna - 800015.
3. The Joint Director, Department of Industries, Govt. of Bihar, Patna.
4. The Chief Executive Officer, KBUNL/NTPC, Kanti, Muzaffarpur, Bihar,
PIN 843130.
5. Managing Director, Paltech Cooling Towers and Equipments Ltd. At B- 604,
Sushantlok, Phase I, Gurugram, Haryana.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ajit Kumar, Advocate
For the Respondent/s : Mr.Lalit Kishore (Ag)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
(The proceedings of the Court are being conducted through Video
Conferencing and the Advocates joined the proceedings through Video
Conferencing from their residence.)
Date : 11-01-2022
Heard learned counsel for the parties.
Petitioner has prayed for following reliefs:-
(I) For setting aside the impugned order dated
22/01/2020 passed in Reference No.01/2017 issued by
respondent no.2/ Council on account of its illegal observation
quoted as "in previous meeting, Council gave last chance to
applicant to place his claim in a proper format with all
supporting documents before the Council within ten days with
Patna High Court CWJC No.11826 of 2021 dt.11-01-2022
a copy to the respondent, failing which the case will be decided
by the Council based on available documents" by which the
claim of the petitioner has been rejected in limne by
overlooking claim-records and under influence of respondent
no.5.
(ii) For issuing direction to the respondents no.2 to
proceed with its agenda dated 17/10/2019 in furtherance of
letter No.4158 dated 24/10/2019; letter No.4011, Dated
18/10/2019; order dt 17/10/2019; 06/08/2019; by which the
respondent no.2 has referred the claim of the petitioner to the
Arbitrator namely Sri Ravi Bhushan Prasad Sinha, Joint
Industry Director, Bihar Patna. The provision of mandatorily
Arbitration proceeding U/s 18(3) of the MICRO, SMALL AND
MEDIUM ENTERPRISES DEVELOPMENT ACT, 2006, has
been violated arbitrarily, as the arbitral proceedings has not
been concluded till the date. But the respondent no.2 has
without awaiting the Arbitral award has arbitrarily and illegally
revoked its own previous order letter No.2780 dated
09/08/2018 vide order dated 19/11/2019 passed in Reference
No.01/2017 and dismissed the claim of the petitioner under the
undue influence of the respondent no.5."
The dispute between the parties has already been
referred to the named Arbitrator in terms of agreement under the
contract and the Arbitrator has already entered reference for
adjudicating the dispute between the parties, as such, present
writ petition is not maintainable.
The writ petition is, accordingly, dismissed.
However, petitioner is at liberty to take recourse to
such other remedies as available in law, as also remedies
available in terms of the agreement entered between the parties
Patna High Court CWJC No.11826 of 2021 dt.11-01-2022
to resolve the dispute arising during the execution of contract.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sanjay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 11.01.2022
Transmission Date NA
