Zonal Manager National Projects Construction Corporation Ltd. v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17520 of 2012 =========================================================== Zonal Manager, National Projects Construction Corporation Limited, PMGSY Works Unit Patna, Resident Of 15, I.A.S. Colony, Kidwaipuri, P.S. - Kotwali, District & Town - Patna .... .... Petitioner
Versus
1. The State of Bihar through the Secretary, Department of Rural Development, Government of Bihar, Patna
2. The Chairperson, West Bengal State Micro & Small Enterprises Facilitation Council, New Secretariat Building (9th Floor), Block-A, 1, K.S. Ray Road, Kolkata (West Bengal)
3. M/S Dynamic Projects through Its Patron Manish Biswas, 196-AG, Arabinda Sarin Gouribari, Kolkata - 700004 (West Bengal) .... .... Respondents =========================================================== Appearance:
For the Petitioner : Mr. Shailendra Kumar, Advocate For the Respondents : Mr. Rajiv Roy, GP5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 19-09-2016 Heard learned counsel for the petitioner as well as learned counsel for the respondents.
2. The present writ petition has been filed for quashing of the notice dated 21.11.2011 issued under the signature of respondent no. 3 by which the petitioner has been directed to appear before him for the purpose of examination and for production of documents connected with the alleged claim of respondent no. 4 and to answer all material questions relating to the said documents regarding the aforesaid matter; for a further direction to issue a writ in the nature of mandamus or an appropriate writ, order or direction commanding the respondents to settle the dispute and differences between the parties
Patna High Court CWJC No.17520 of 2012 dt.19-09-2016 2/2 as per term no. 4 of the terms and conditions of the work order by appointment of an Arbitrator as per Arbitration Clause and also as envisaged in the last line of para no. 4 of the work order.
2. At the very outset, learned counsel for the petitioner makes a statement at the Bar that arbitration proceedings have since commenced and are already underway for resolution of the dispute between the parties.
3. In that view of the matter, this Court is not inclined to enter into the merits of the matter. The present writ petition stands dismissed.
(Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 21.09.2016 Transmission Date N.A.