Patna High Court
M/S Mother India Construction ... vs The State Of Bihar And Ors on 12 July, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1373 of 2018
In
Miscellaneous Jurisdiction Case No.3384 of 2017
======================================================
M/s Mother India Construction Pvt. Ltd. S/o Sri Rama Shankar Singh, R/o
Pesu Staff Quarter No.4 Mangls Road, Patna,800015.
... ... Appellant/s
Versus
1. The State Of Bihar
2. The Engineer-in-Chief, Road Construction Department, Government of
Bihar, Patna.
3. The Chief Engineer, South Bihar Mechanical Sub Division, Road
Construction Department, Bihar.
4. The Superintending Engineer, Central Circle, Road Construction
Department.
5. The Executive Engineer, Road Construction Department, Patna West Road
Division, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Samir Kumar, Advocate
For the Respondent/s : Mr. Raj Ballabh Prasad Yadav- AAG-11
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 12-07-2023
The appeal is against the order dated 14.08.2018 in
an M.J.C. filed in CWJC No. 706 of 2011. CWJC No. 706 2011
was with respect to dispute between the petitioner and
respondent State regarding a contract entered into between
themselves. After the matter was heard for sometime, in view of
Section-9 of Bihar Public Works Contract And Arbitration
Tribunal Act, 2008, learned counsel appearing for the petitioner
Patna High Court L.P.A No.1373 of 2018 dt.12-07-2023
sought permission to withdraw the writ petition with liberty to
approach the Tribunal. The prayer was allowed and it was also
directed that if a petition is filed within a period of 1 month
from the date of filing of writ petition, de hors limitation,
Tribunal shall decide the claim of petitioner on merit. The fact
remains that the application was not filed within time and it was
15 days delayed; the condonation of which delay was rejected
by the impugned order in the M.J.C.
2. At first blush, it looks as if injustice has been done
to the appellant, but however, the facts coming out commend
this Court to find otherwise. The delayed petition before the
Tribunal was filed on 25.06.2015 despite a clear direction that
the petition should be filed within one month; upon which the
Tribunal was also directed to ignore the limitation. If there was a
delay, then the appellant ought to have approached this court
and sought for an extension of time to file the petition. The
appellant not only did not approach this Court at that time, but
also recalcitrantly failed to remove the defects on several dates
on which the matter was posted before the Arbitration Tribunal.
Again, it is after one and a half years, the M.J.C was filed, on
22.11.2017. Even when the M.J.C was filed, there was no
explanation for the delay and when the matter was taken up on
Patna High Court L.P.A No.1373 of 2018 dt.12-07-2023
14.08.2018, there was a request made for time to file a
supplementary affidavit, explaining the reason for delay.
3. We are of the opinion that the Learned Single
Judge rightly declined indulgence to the appellant who had not
been diligent in pursuing his remedies and had been recalcitrant
in taking up the legal remedies.
4. The appeal stands dismissed, leaving the parties
to suffer the respective costs.
(K. Vinod Chandran, CJ)
( Partha Sarthy, J)
sharun/-
AFR/NAFR NAFR
CAV DATE
Uploading Date 17.07.2023
Transmission Date
