Titu Badwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

REQUEST CASE No.34 of 2024 ====================================================== Titu Badwal, Son of Late Sohan Singh, Resident of Mohallah - Professors' Colony, Milan Patty, Kishanganj, Police Station - Kishanganj (Muffasil), District - Kishanganj (Mufassil).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Building Construction Department, Government of Bihar, Nirman Bhawan, Bailey Road, Patna. 2.

The Executive Engineer, Gardanibagh, Building Division, Behind Officers' Flats, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uma Shankar Tiwary, Advocate For the Respondent/s :

Mr. P.K. Shahi, Advocate General Mr. Additional Advocate General 9 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 28-06-2024 The short question raised herein is the extension of time for completing the arbitration.

2. On an interpretation of Section 29A of the Arbitration and Conciliation Act, 1996, the Hon'ble Supreme Court in Special Leave to Appeal (C) No(s). 10544/2024 (Chief Engineer (NH) PWD (Roads) v. M/s BSC & C and C JV) has held as follows:- "The power under sub-section (4) of Section 29A of the Arbitration Act vests in the Court as defined in Section 2(1)(e) of the Arbitration Act. It is the principal Civil Court of original jurisdiction in a district which includes a High Court provided the High Court has ordinary original civil

Patna High Court REQ. CASE No.34 of 2024 dt.28-06-2024 2/2 jurisdiction."

3. In the above circumstances, even going by the decision of the Hon'ble Supreme Court in Kunhayammed & Ors. vs State Of Kerala & Anr.; (2000) 6 SCC 359, though a dismissal of the S.L.P., the direction as extracted herein is binding under Section 141 of the Constitution of India.

4. Hence, the request case is closed leaving the parties to approach the principal Civil Court of original jurisdiction.

(K. Vinod Chandran, CJ) P.K.P./- AFR/NAFR CAV DATE Uploading Date 01.07.2024 Transmission Date