Patna High CourtCWJC/18128/2016disposed

Om Prakash Rajgaria v. The State Of Bihar And ORS

2018-04-17Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.18128 of 2016 dt.17-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18128 of 2016 =========================================================== Om Prakash Rajgaria S/o Late Radhe Shyam Rajgaria, Proprietor of Mill Owner of M/s Goyal Rice Mill Resident of Mohalla - Shashtri Chowk, P.S. Banka, Distt. Banka .... .... Petitioner

Versus

1. The State of Bihar through the Secretary, Food and Civil Supply Department, Government of Bihar, Patna

2. The District Magistrate, Banka

3. The District Manager, State Food Corporation Banka

4. The Certificate Officer, Banka .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Vijay Kumar Sinha, Advocate. For the State : Mr. Arvind Ujjwal, SC-4 For the BSFC : Mr. Niraj Kumar, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 17-04-2018 The present writ petition has been filed for quashing the Certificate Case No. 20 of 2014-15 pending before the Certificate Officer, Banka for recovery of Rs. 38,86,487/-; and for connected reliefs.

2. At the very outset, learned counsel for the petitioner refers to the judgment of this Court in Request Case No. 12 of 2018 which has been allowed by order dated 02.02.2018, the learned Arbitrator has already been appointed for resolving the dispute betweens the parties.

3. Learned counsel for the respondents also accepts this position.

Patna High Court CWJC No.18128 of 2016 dt.17-04-2018

4. Having heard learned counsel for the parties and in view of the fact that the dispute between the parties has been allowed to be considered in the forum of arbitration, it is no longer necessary to enter into the merits of the present writ petition. The parties will be free to raise all issues before the learned Arbitrator at the appropriate stage.

5. In the interest of justice, this Court directs that the Certificate Officer shall not resort to any coercive action against the petitioner for recovery of the dues against the petitioner in Certificate Case No. 20 of 2014-15 until resolution of the dispute by the learned Arbitrator.

6. The writ petition stands disposed of on the aforesaid terms.

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

Uploading Date 19.04.2018 Transmission Date N.A.