Ms N R Construction Pvt Ltd v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7826 of 2024 ====================================================== Ms N R Construction Pvt Ltd Sector 12 A quarter No.1051 P.O. P.S. Bokaro Steel City Distt. Bokaro (Jharkhand) through its Managing Director Sri Daya Shankar Rai.

... ... Petitioner/s

Versus

1.

The State of Bihar through the secretary, Science and Technology department, Technology Bhawan Patna.

2.

The Project Engineer Construction Cell, Science and Technology Department, Technology Bhawan, Patna.

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

For the Petitioner/s :

Mr.Jitendra Kumar, Adv.

For the Respondent/s :

Mr. K.P.Gupta, GP-10 Mr. Virendra Kumar, AC to GP-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-07-2024 The present writ petition has been filed seeking the following relief:- "1. That this writ petition is being filed for limited relief for a direction to the learned Additional District Judge XIV (Commercial Court) Patna for disposal of the original execution case No. 9 of 2006/, 840/2014 and now execution case no. 269/2022 to obey and comply the direction of the Hon'ble Apex Court in SLP NO. (Civil) reported in 2022 LIVE LAW 676 in the case of Bhojraj Garg Vs Goyel Education and welfare society followed by dated-20-10-2023 in the case of Pradeep Mehravs. Harijivan J Jethwa in CIVIL Appeal No. 6375/2023 whereby and whereunder 6 month

Patna High Court CWJC No.7826 of 2024(2) dt.04-07-2024 2/2 time has been fixed by the Hon'ble Apex court for disposal of every execution case.

Or Direct the respondents to pay the due amount under the execution case pending the court below."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to file appropriate petition before the Additional District Judge-XIV (Commercial Court), Patna, for expeditious disposal of Original Execution Case No. 9 of 2006/840 of 2014/269 of 2022, in light of the judgment, rendered by the Hon'ble Apex Court in the case of Rahul S.Shah vs. Jitendra Kumar Gandhi & Others, reported in (2021) 6 SCC 418. Liberty, so sought, is granted. 3.

Accordingly, the present writ petition stands disposed off. (Mohit Kumar Shah, J) Ajay/- U