Ashok Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1083 of 2017 ====================================================== Ashok Kumar Singh, Son of Late Samoat Singh, proprietor of M/S SinghRice Mill, Resident of Village-Tendua Harkesh, P.S.-Obra, District-Aurangabad. ... ... Appellant/s

Versus

1.

The State of Bihar, through the District Magistrate, District-Aurangabad. 2.

The Principal Secretary, Food and Consumer Protection Department, Bihar at Patna.

3.

The Bihar State Food & Civil Supplies Corporation Limited through its M.D. Bihar at Patna.

4.

The District Manager, Bihar State Food & Civil Supplies Corporation Ltd. Aurangabad, District Aurangabad.

5.

The District Certificate Officer, Aurangabad, District-Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Mrigank Mauli, Advocate Mr. Sumeet Kumar Singh, Advocate For the Respondent/s :

Mr. S. Raza Ahmad- AAG 5 Mr. Vishwambhar Prasad, AC to AAG 5 For the Corporation :

Mr. S. K. Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 18-10-2017 Delay of 75 days in filing of this appeal is condoned. Interlocutory Application No.5555 of 2017 stands allowed and disposed of.

Having heard learned counsel for the parties, now in view of the fact that an Arbitrator has been appointed to reconsider the dispute between the parties, it is not necessary to go into the various issues involved in the matter. All issues, including objections and counter objections raised by the parties, are kept

Patna High Court LPA No.1083 of 2017(6) dt.18-10-2017 2/2 open to be considered by the Arbitrator. However, keeping in view the settled principle of law that when an adjudication of dispute in accordance to law before an appropriate forum is pending, coercive recovery should not be permitted, we direct that till the matter is not resolved by the Arbitrator, no coercive action shall be effected against the appellant. With the aforesaid, the appeal stands disposed of. (Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) Sunil/- U