N. K. C. Private Limited v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15225 of 2015 ====================================================== N. K. C. Private Limited a Company having its registered office at Plot No. 63, Phase-IV, Udyog Vihar, Gurgaon, Haryana through its Authorized representative Sandeep Aggarwal, GM Finance & Accounts Son of Sri Om Prakash Aggarwal at present residing at C5A/145, 2nd Floor, Janakpuri, New Delhi 110058 .... .... Petitioner/s

Versus

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

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

3. The Engineer-in-Chief, Road Construction Department, Government of Bihar, Patna

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

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

6. The Executive Engineer, Road Division, Road Construction Department, Bettiah .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Y.V. Giri, Sr. Advocate Mr. Pritish Kumar Lal, Advocate For the Respondent/s : Mr. Sandeep Kumar, GA-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 09-10-2015 Heard Mr. Y.V. Giri, learned senior counsel for the petitioner and learned counsel for the State. The matter has been listed at the instance of learned counsel for the petitioner who prays for disposal of the writ petition in the light of the order so passed in CWJC No. 6618 of 2015 (M/s J.K.M. Infra Projects Limited vs. The State of Bihar & ors.).

Patna High Court CWJC No.15225 of 2015 (2) dt.09-10-2015 Learned counsel for the State has no objection to such disposal.

In the circumstances, the writ petition is disposed of in similar terms and with liberty to the petitioner to approach the Bihar Public Works Contracts Disputes Arbitration Tribunal under the provisions of the Bihar Public Works Contract Disputes Arbitration Tribunal Act, 2008.

The respondents are restrained from taking any coercive action against the petitioner for a period of six weeks from today within which time the petitioner should approach the Tribunal and pray for interim relief by filing an appropriate application which shall be considered and disposed of by the Tribunal on its own merits.

The writ petition is disposed of accordingly. (Jyoti Saran, J) S.Sb/- U