S And P Infrastructure Developers ... vs The State Of Bihar
2023 Latest Caselaw 1008 Patna

Citation : 2023 Latest Caselaw 1008 Patna
Judgement Date : 15 March, 2023

Patna High Court

S And P Infrastructure Developers ... vs The State Of Bihar on 15 March, 2023

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.987 of 2023
     ======================================================

S and P Infrastructure Developers Pvt. Ltd. a registered Company having its Registered Office at N 07, New Delhi House, 27, Barkhamba Road, New Delhi 110001 through one of its Directors namely Sri Shyam Sevak Mittal, male aged about 35 years, S/o Dau Dayal Mittal Resident of 54 Ajanta Apartment, 36, I P Extension, Patparganj, I P Extension, East Delhi- 1100092 ... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The Secretary, Department of Road Construction, Government of Bihar, Patna.

3. The Executive Engineer, National Highway Division, Road Construction Department, Bhagalpur, Bihar.

4. The Union of India through Chief Engineer Cum Regional Officer, Ministry of Road Transport and Highways, Government of India, New Delhi.

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

For the Petitioner/s : Mr. Gautam Kumar Kejriwal Mr. Atal Bihari Pandey Mr. Alok Kumar Jha Mr. Mukund Kumar For the Respondent/s : Mr. Uday Bhan Singh, AC to GP-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA

ORAL JUDGMENT

Date : 15-03-2023

1. Learned counsel for the petitioner prays the writ

petition as under:

"(a) For issuance of a writ in the nature of

mandamus directing the respondents to release

payment of the admitted dues against the arbitral

award issued in favour of the petitioner vide arbitral

award dated 01/09/2019 passed by the learned

arbitral tribunal in connection with the dispute arising

out of an agreement executed by and between the Patna High Court CWJC No.987 of 2023 dt.15-03-2023

petitioner and the respondent number 3 vide

agreement number 03 SBD (M)/2012 - 13 which has

been affirmed by the Honorable Delhi High Court vide

judgment dated 04.07.2022 delivered in O.M.P

(COMM 400 of 2020 in an application under 34 of the

Arbitration and Conciliation Act, 1996 filed by the

respondent number 3;

(b) For further issuance of a writ or order

or direction upon the respondents to pay adequate

interest to the petitioner on account of illegal,

unreasonable and arbitrary withholding of the dues of

the petitioner payable in terms of the arbitration

award the challenge to which in terms of Section 34 of

the Arbitration and Conciliation Act 1996 has already

been lost by the respondent number 3 on 04.07.2022

itself;

(c) For holding and a declaration that it is

unreasonable, arbitrary and unfair on part of the

respondents in sitting tight over the representation

with legitimate grievance submitted by the petitioner

on 31.10.2022 and 15.11.2021 without any rhyme and

reason and also in violation of Clause 4 B of the Bihar

State Litigation Policy, 2021;

(d) For grant of any other relief or reliefs

to which the petitioner is found entitled to in the facts

and circumstances of this case."

Patna High Court CWJC No.987 of 2023 dt.15-03-2023

2. This Court would not be an executive court for the

execution of an arbitration award. If the respondents are not

honoring the award, it is a separate forum where the petitioner can

take up the remedy. The award passed by an arbitrator is like a

decree of the court and execution proceedings under order 21 can

be taken up before the concerned competent court as well as under

Section 36 also of the Arbitration and Conciliation Act, 1996.

3. In view of the aforesaid provisions, the present writ

petition for the prayers made as above would not lie and is held to

be not maintainable. However, liberty for approaching the

aforesaid forums is always available to the petitioner.