Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5229 of 2023 ====================================================== Kamlesh Kumar S/o Suresh Singh Resident of Village- Tekabigha, P.O.- Ascapur, P.S.- Daniyawa, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar, Patna.

2.

The Chief Engineer, Bihar State Education Infrastructure Development Ltd. Patna.

3.

The Superintending Engineer, Bihar State Education Infrastructure Development Limited, Patna.

4.

The Executive Engineer, Bihar State Education Infrastructure Development Limited, Patna.

5.

The Managing Director, Bihar State Education Infrastructure Development Limited, Sayedpur, District Patna.

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

For the Petitioner/s :

Dr. Satyendra Kumar Srivastava, Advocate For the Respondent/s :

Mr. Vikash Kumar, SC-11 Mr. Girijish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 26-04-2023 In view of the provisions of Section 2 (c) of the Commercial Courts Act, 2015 (hereinafter referred to as 'the Act'), the dispute, raised by the petitioner with regard to claiming of security deposit amount in relation to works performed by him, is a pure commercial dispute, for which the petitioner is free to raise a dispute before the Commercial Court in terms of the Act.

Granting such liberty to the petitioner, the present writ petition is dismissed on the ground of efficacious alternative

Patna High Court CWJC No.5229 of 2023(2) dt.26-04-2023 2/2 remedy available to the petitioner.

(Sanjeev Prakash Sharma, J) Amrendra/- Item No. 26 U