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Patna High CourtCWJC/12836/2021withdrawn

M/S Kuamr Rice Mill Through Its Proprietor Dhirendra Kumar Singh v. The State Of Bihar

2022-01-07The Chief Justice -,Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12836 of 2021 ====================================================== M/s Kuamr Rice Mill through its Proprietor Dhirendra Kumar Singh aged about 41 Years (Male) Son of Sri Shankar Dayal Singh, Resident of Chhotaka Bahera, Police, Station-Amas, District-Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Food and Consumer Protection, Govt. of Bihar, Patna.

2.

The District Magistrate, Gaya.

3.

The Sub-Divisional Magistrate, Sadar, Gaya.

4.

Bihar State Food Corporation Ltd. through its Managing Director, Bihar State Food Corporation Ltd., Patna.

5.

The District Manager, Bihar State Food Corporation, Gaya. 6.

The Assistant Manager, BIhar State Food Corporation, Sherghari, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Prasad Singh, Advocate For the Respondent/s :

Mr.Arvind Ujjwal, SC-4 Mr. Siddarth Harsh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) 07-01-2022 Petitioner has prayed for the following relief(s); "i. To direct the respondents to pay the legal dues to the petitioner without further delay as per the Award dated 31.1.2021 passed by Hon'ble Mr. Justice Shailesh Kumar Sinha (former Judge, Patna High Court) Sole Arbitrator in Arbitration (Proceeding) Case No.4 of 2020.

i. To direct the respondents to unseal the premises of

Patna High Court CWJC No.12836 of 2021(2) dt.07-01-2022 2/2 the M/S Kumar Rice Mill which was sealed on 10.12.2013 by the order of the District Magistrate and to allow the petitioner to operate the bank account of Punjab National Bank, Amas Branch, Gaya which was freezed by the respondents, as per the adjudication made by the sole Arbitrator under Award dated 31.1.2021 passed in favour of petitioner.

ii. To grant of any other relief or reliefs for which petitioner is entitled in the fact and circumstances of the case."

After the mater was head for some time, finding the Bench not to be in favour of the submission so made across the Bar, learned counsel for the petitioner, under instructions, states that the petitioner shall be content if the petition is disposed of with liberty to take recourse to such other alternate remedies which are equally efficacious in law, including the provisions of the Arbitration Act.

Prayer allowed.

Petition is disposed with the liberty aforesaid. Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/DKS U