Jkm Infra Project Ltd., v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

REQUEST CASE No.37 of 2024 ====================================================== JKM Infra Project Ltd., through its authorized signatory Ashish Jalan, Male, aged about 51 years, Son of Late Mahavir Prasad Jalan, Resident of Gorakh Nath and Leela Apaartment, East Boring Canal Road, P.S.- Sri Krishna Puri, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Road Construction Department, Government of Bihar, Patna.

3.

The Chief Engineer, North Bihar, Road Construction Department, Patna, Bihar.

4.

The Superintending Engineer, Road Construction Department, North Bihar Circle, Bihar.

5.

The Executive Engineer, Road Construction Department, Road Division, Kishanganj.

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

For the Petitioner/s :

Mr. Prabhat Ranjan, Advocate For the Respondent/s :

Mr. P. K. Shahi, Advocate General ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 05-07-2024 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

Patna High Court REQ. CASE No.37 of 2024(4) dt.05-07-2024 2/2 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 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) sharun/- U