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Patna High CourtCWJC/11925/2014dismissed

Surendra Kumar Singh v. The State Of Bihar

2016-08-16Mr. Justice V. Nath2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11925 of 2014 ====================================================== Surendra Kumar Singh, Proprietor M/s S.R. Construction, Son of Late Amar Nath Singh, Resident of Sheikhpura, Shastri Nagar, District- Patna .... .... Petitioner

Versus

The State of Bihar through Executive Engineer, Building Construction Department Division No. 1, South Bailey Road, Patna .... .... Respondent ====================================================== Appearance :

For the Petitioner : Mr. Ranjeet Kumar, Advocate For the Respondent : Mr. Anirban Kundu, S.C. XXIV Mrs. Shally Kumari, A.C. to S.C. XXIV ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 16-08-2016 Heard learned counsel for the parties.

The present application is being filed praying for direction to the learned court below for disposal of Miscellaneous Case No. 08 of 2011 which has been filed by the respondent under Section 34 of the Arbitration and Conciliation Act, 1996. It has been submitted on behalf of the petitioner that the learned court below where the matter was heard at one stage did not pass any order because of the order passed in Miscellaneous Case No. 40 of 2009 (Annexure-1). It has further been accepted by the learned counsel that the matter regarding the jurisdiction of the court under Section 34 of the Arbitration and Conciliation Act, 1996 has been finally decided by a Bench of this Court, but no such petition has been filed by the petitioner before the learned court below praying for early disposal of the case.

Patna High Court CWJC No.11925 of 2014 (3) dt.16-08-2016 2/2 Learned counsel appearing for the respondent is present.

After considering the facts and circumstances as well as submissions, this Court is not inclined to interfere in the matter and the jurisdiction under Article 227 of the Constitution of India. The application is, accordingly, dismissed with liberty to the petitioner to take appropriate steps in accordance with law in the court below itself.

Kundan (V. Nath, J.) U T