M/S Birendra Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.204 of 2021 In Civil Writ Jurisdiction Case No.7147 of 2020 ====================================================== M/s Birendra Prasad Singh having its registered office At and P.O.- Barki Mahuali Takiya Bazar, Sasaram (Rohtas) represented through its Partner namely Devesh Kumar, aged about 35 years (Male), son of Birendra Prasad Singh, resident of At and P.O.- Barki Mahuali Takiya Bazar, P.S.- Kargahar, District- Rohtas at Sasaram.

... ... Appellant/s

Versus

1.

The State of Bihar through Principal Secretary, Road Construction Department, Government of Bihar, Patna.

2.

The Principal Secretary Road Construction Department, Government of Bihar, Patna.

3.

The Chief Engineer National Highway South Wing, Road Construction Department, Government of Bihar.

4.

The Superintending Engineer National Highway Circle, Dehri- on- Sone (Rohtas).

5.

The Executive Engineer-cum- Authority Engineer National Highway Wing Gaya.

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

For the Appellant/s :

Mr. Y.V. Giri, Sr. Advocate Mr. Pranav Kumar, Advocate Mr. Ashish Giri, Advocate Ms. Shrishti Singh, Advocate For the Respondent/s :

Mr. S.D. Yadav, AAG-9 Mr. Raj Ballabh Prasad Yadav, AAG-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJAN GUPTA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) ====================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) ====================================================== Date : 22-10-2021

Patna High Court L.P.A No.204 of 2021 dt.22-10-2021 2/2 Heard learned counsel for the parties.

The present Letters Patent Appeal has been preferred against the judgment dated 08.02.2021 passed by a learned Single Judge of this Court in C.W.J.C. No. 7147 of 2020, titled as M/s Birendra Prasad Singh Vs. The State of Bihar & Ors. Shri Y.V. Giri, learned senior counsel appearing on behalf of the appellant, under instruction, seeks permission to withdraw the present appeal reserving liberty to seek remedies as provided under the agreement, including invoking the arbitration clause contained therein.

Permission granted.

Instant Letters Patent Appeal stands dismissed as withdrawn with the liberty aforesaid.

Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) (Rajan Gupta, J) P.K.P./Amrendra AFR/NAFR CAV DATE Uploading Date 26.10.2021 Transmission Date