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Patna High CourtMJC/298/2019allowed

Ganesh Prasad Rai v. The Bihar State Food And Civil Supplied Corporation And ORS

2019-01-25The Chief Justice-2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.298 of 2019 In Request Case No.123 of 2017 ====================================================== Ganesh Prasad Rai, Male aged about 65 years, son of Late Ram Prasad Rai, resident of Village- Madhopur, P.O. Batho, P.S.- Bahera, District- Darbhanga, proprietor M/S Maa Bhawani Mill, at Village- Madhopur, P.O. Batho, P.S. Bahera, District- Darbhanga.

... ... Petitioner/s

Versus

1. The Bihar State Food and Civil Supplied Corporation through its Managing Director, Sone Bhawan Near R Block, Patna.

2. The District Collector, Darbhanga.

3. The Certificate Officer cum Additional Collector, Darbhanga.

4. The District Manager, Bihar State Food Civil Supplied Corporation, DistrictDarbhanga. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Kumar, Advocate For the BSFC :

Mr. Shailendra Kumar Singh, Advocate For the State :

Mr. Md. Syed Siddiqui, A.C. to AAG-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 25-01-2019 Heard learned counsel for the applicant as well as the learned counsel for the Bihar State Food & Civil Supplies Corporation.

Learned counsel informs that the request case was erroneously filed in this case inasmuch as there was no arbitration clause for the period in question i.e. 2011-12. There is no opposition to the same.

The application is allowed. The order dated

Patna High Court MJC No.298 of 2019(2) dt.25-01-2019 2/2 08.09.2017 passed in Request Case No. 123 of 2017 so far as it relates to the applicant is recalled.

(Amreshwar Pratap Sahi, CJ) P.K.P./- U