M/S Bhasin Construction Co. Ltd. v. The Bihar Rajya Pool Nirman Nigam Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.378 of 2023 ====================================================== M/s Bhasin Construction Co. Ltd. a Private Limited Company, having its office at 703, Uma Shanti Apartment, Kanke Road, Post-Ranchi University, P.S. Gond, District-Ranchi.

... ... Petitioner/s

Versus

1.

The Bihar Rajya Pool Nirman NIgam Ltd. through its Managing Director, having its office 7, Mangles Road, Patna.

2.

The Managing Director, Bihar Rajya Pool Nirman NIgam, having its office 7, Mangles Road, Patna.

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

For the Petitioner/s :

Mr.Manoj Kumar For the Respondent/s :

Mr.Lalit Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 15-09-2023 Heard the parties.

2. This petition has been filed on behalf of the petitioner for disposing of the Execution Case No. 274 of 2022 (Earlier numbered as 01 of 2006 which is pending in the Court of learned Sub-ordinate Judge VI, Patna).

3. Learned senior counsel for the petitioner has submitted that the execution case is pending since 2006 and the direction to be issued to conclude the execution case at the earliest.

4. Learned counsel for the petitioner has also relied upon the judgment of Hon'ble Apex Court in the case of Rahul S. Shah Vs. Jinendra Kumar Gandhi and Others reported in

Patna High Court C.Misc. No.378 of 2023(2) dt.15-09-2023 2/2 AIR 2021 SC 2161 in which the Hon'ble Apex Court has directed that the execution cases in the arbitration matter must be disposed of within six months.

5. In view of the submission made above, this application is allowed.

6. The District Judge, Patna is directed to execute the award passed by the arbitrator within two months from the date of receipt/communication of a copy of this order and file a compliance report in this Court.

7. Let a copy of this order be communicated to the District Judge Patna through FAX and e-Mail for its compliance forthwith.

(Sandeep Kumar, J) Vikas/- U