Sadanand Singh Construction Pvt. Ltd. v. The National Building Construction Corporation Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10738 of 2021 ====================================================== Sadanand Singh Construction Pvt. Ltd. Through its Director Digamber (M) Singh Aged 41 Years S/o Late Sadanand Singh having its registered OfficeDharhara, P.O.-Dharhara. P.S.-Dharhara, District-Munger ... ... Petitioner/s

Versus

1.

The National Building Construction Corporation Limited CN. B.C.C. a Government of India Enterprises through its Chairman-Cum-Managing Director N.B.C.C. Bhawan, Lodhi, Road, New Delhi-110003. 2.

The Deputy General Manager, N.B.C.C. Ltd. C. Mourya Tower 4th Floor, Mourya Lok Patna-800001.

3.

The Additional General Manager, N.B.C.C. Ltd in Charge, Mourya Tower, 3rd Floor Mourya Lok Patna-800001.

4.

The Project Manager, POL MBCC (PMASY) Work Camp Shekhpura. 5.

The Sr. General Manager, N.B.C.C. Ltd, in Charge Lakhisarai (PMGSY) Work Head SBG (Bihar) B-6 Mourya Tower, 3rd floor, Mourya Lok Patna800001 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Prasad Singh For the Respondent/s :

Dr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 11-05-2022 From perusal of the entire records of the case it is clear that it involves only disputed question of facts. There is no Arbitration Clause between the parties. The National Buildings Construction Corporation Limited has also passed a reasoned order pursuant to the order passed in CWJC No. 14104 of 2011 dated 02.01.2012. The petitioner cannot assail the said order before any Appellate Authority.

Patna High Court CWJC No.10738 of 2021(5) dt.11-05-2022 2/2 Thus, we have proposed to the learned counsel for the petitioner to seek his remedy before the Civil Court. He is agreeable. We thus relegate the matter to the said authority. In case any question of limitation stands in the way of the petitioner, he shall be at liberty to move an application for condonation of delay thereof which shall be considered sympathetically.

The writ petition stands disposed of on the aforementioned terms.

(Rajan Gupta, J) ( Mohit Kumar Shah, J) Anjani/- U