Patna High CourtCWJC/5955/2017disposed

Pankaj Kumar v. The State Of Bihar And ORS

2018-02-15Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.5955 of 2017 dt.15-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5955 of 2017 =========================================================== Pankaj Kumar, son of Narendra Kumar Singh, Prop. of M/S Maa Durga Rice Mill, R/o Village Urdina, P.S.- Barun, District- Aurangabad. .... .... Petitioner

Versus

1. The State of Bihar through Principal Secretary, Food and Civil Supply, Govt. of Bihar, Patna.

2. The Managing Director, Bihar State Food Corporation, Bihar, Patna.

3. The District Magistrate, Aurangabad.

4. The District Manager, Bihar State Food Corporation, Aurangabad. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Jai Prakash Singh, Advocate. For the Respondents : Mr. Sanjay Kr.Giri, GP-9 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 15-02-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for quashing of the warrant of arrest dated 11.11.2016 issued in Certificate Case NO. 22/14-15 initiated against the petitioner by the Certificate Officer, Aurangabad (Annexure-4); and for connected reliefs.

3. At the very outset, learned counsel for the petitioner makes a statement at the Bar that an Arbitrator has now been appointed in terms of order passed in Request Case No. 227 of 2017, pursuant to which the learned Arbitrator has already entered upon the reference, having directed the petitioner to file his statement of claim by order dated 23.01.2018. It is therefore submitted that the present

Patna High Court CWJC No.5955 of 2017 dt.15-02-2018 writ petition need not be pursued if the respondents are directed to refrain from taking coercive action against the petitioner in the spirit of the order dated 18.10.2017 passed in LPA No. 1083 of 2017.

4. Learned counsel for the respondents appears and has been heard.

5. Having regard to the stand of the petitioner to which no objection is raised on behalf of the respondents, the writ petition stands disposed of with a direction that no coercive steps shall be taken against the petitioner until the matter is finally resolved by the learned Arbitrator.

(Vikash Jain, J) Md. Ibrarul/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 19.02.2018 Transmission Date N.A.