Patna High Court
Amarpur Construction Co. Pvt. Ltd vs The State Of Bihar on 17 June, 2025
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.617 of 2025
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Amarpur Construction Co. Pvt. Ltd. a registered company having its place of
business at Amarpur, P.S.- Amarpur, District- Banka through one of its
Director namely Santosh Kumar Kanodia male about 37 years Son of Sahdeo
Kanodia, Resident of Village- Amarpur, P.O. and P.S- Amarpur, Town and
District- Banka
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principal Secretary, Department of Rural
Works, Govt. of Bihar, Patna
2. The Principal Secretary, Department of Rural Works, Govt. of Bihar, Patna.
3. The Engineer in Chief, Department of Rural Works, Govt. of Bihar, Patna.
4. The Chief Engineer-2, Department of Rural Works, Govt. of Bihar, Patna.
5. The Superintending Engineer, Department of Rural Works, Purnea Circle,
Purnea.
6. The Executive Engineer, Rural Works Division, Katihar,
7. The Assistant Engineer, Rural Works Department Korha Sub-Division,
Katihar.
8. The Junior Engineer, Rural Works Department, Korha Sub-Division,
Katihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Gautam Kumar Kejriwal, Advocate
Mr. Alok Kumar Jha, Advocate
Mr. Mukund Kumar, Advocate
Mr. Aditya Raman, Advocate
Mr. Akash Kumar, Advocate
For the Respondent/s : Mr. Saurav Kumar, AC to GA-5
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 17-06-2025
The record taken up on mentioning being made on
behalf of the petitioner.
2. Heard learned counsel for the petitioner as well as
learned counsel for the State respondents.
3. Learned counsel for the petitioner submits that the
petitioner has approached this Court for expeditious disposal of
Patna High Court C.Misc. No.617 of 2025 dt.17-06-2025
2/4
Execution Case No. 312/2019 pending before the court of
learned Civil Judge (Senior Division)-1st, Civil Court, Patna
along with Misc. (Arbitration) Case No. 169 of 2019/Misc.
(Arbitration) Case No. 24 of 2019 pending before the same
court. The learned counsel further submits that an arbitral award
has been passed in favour of the petitioner vide award dated
25.05.2019
by the Arbitral Tribunal, still even after passage of
six years, the award has not been executed. The learned counsel
refers to the decisions of the Hon'ble Supreme Court in the
cases of Rahul S. Shah vs. Jinendra Kumar Gandhi & Ors.
reported in (2021) 6 SCC 418, Bhoj Raj Garg vs. Goyal
Education and Welfare Society & Ors. [SLP (Civil)
No.19654/2022] and Ajit Singh (deceased) through LRs. &
Ors. vs. Padma Bhandari (deceased) through LRs. & Orders
[SLP (Civil) No. 949/2022] to stress the point that the execution
cases are to be disposed of in a time bound manner and in
Rahul S. Shah (supra), the Hon'ble Supreme Court has
specifically provided for time frame for disposal of execution
cases and has directed that the executing court must dispose of
the execution proceedings within six months from the date of
filing, which may be extended only by recording reasons in
writing for such delay. The learned counsel further submits that
Patna High Court C.Misc. No.617 of 2025 dt.17-06-2025
the order-sheets of the learned executing court have been
annexed, which show that the adjournments are being given in a
routine manner without assigning any reasons. Thus, learned
counsel submits that the learned executing court may be
directed to dispose of the Execution Case No. 312/2019 as well
as Misc. (Arbitration) Case No.169 of 2019/ Misc. (Arbitration)
Case No. 24 of 2022 in a time bound manner and in terms of
directions of the Hon'ble Supreme Court in the cases cited
supra.
4. The learned counsel appearing on behalf of the
State respondents has no objection for disposal of the matter in a
time bound manner.
5. Having regard to the facts and circumstances and
submission made on behalf of the parties, learned executing
court, i.e, Civil Judge (Senior Division)-1st, Civil Court, Patna
is directed to take up the Execution Case No. 312/2019 in all
earnest and try to dispose of it at the earliest in terms of the
guidelines issued by the Hon'ble Supreme Court in the cases of
Rahul S. Shah (supra), Bhoj Raj Garg (supra) and Ajit Singh
(supra).
6. At the same time, learned Civil Judge (Senior
Division)-1st, Patna is also directed to take up the Misc.
Patna High Court C.Misc. No.617 of 2025 dt.17-06-2025
(Arbitration) Case No. 169 of 2019/Misc. (Arbitration) Case
No. 24 of 2022 for its disposal, considering the fact that the said
case also arises from the award dated 25.05.2019, at the earliest
and preferably within six months from today.
7. With the aforesaid observations/directions, the
present petition stands disposed of.
(Arun Kumar Jha, J)
V.K.Pandey/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17.06.2025
Transmission Date NA
