India Power Corporation (Bodh Gaya) Ltd. v. South Bihar Power Distribution Company Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

REQUEST CASE No.67 of 2024 ====================================================== 1.

India Power Corporation (Bodh Gaya) Ltd. (Now known as Vikriti Power Limited), having its Registered Office at Room No.- 701, 7th Floor, Sidco Global Tower CN 8/2, Sector- V, Salt Lake City, Kolkata Bidhan Nagar CK Market, North 24 Parganas, Saltlake, West Bengal, India, 700091 through its authorized representative Mr. Sanjay Gupta, S/o Umesh Chandra Gupta, R/o- 184, Bhupen Roy Road, Behala, Kolkata- 700034. 2.

India Power Corporation Limited, having its Registered Office at Plot No.- X1-2 and 3, Block EP, Sector- V, Salt Lake City, Kolkata- 700091 through its authorized representative Mr. Samrat Chatterjee, S/o Kamal Chatterjee, R/o BB 49, Street 109, New Town, Kolkata- 700156. ... ... Petitioner/s

Versus

South Bihar Power Distribution Company Limited having its Registered Office at Second Floor, Vidyut Bhawan, Jawaharlal Nehru Marg, Bailey Road, Patna- 800021.

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

For the Petitioner/s :

Mr.Rakesh Kumar Sinha, Advocate For the Respondent/s :

Mr.Umesh Prasad Singh, Sr. Advocate Mr. Kumar Manish, Advocate Mr. Vaibhav Veer Shankar, Advocate Mr. Kumar Saurav, Advocate Mr. Kumar Gaurav, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 12-07-2024 The short question raised herein is the extension of time for completing the arbitration.

2. On an interpretation of Section 29A of the Arbitration and Conciliation Act, 1996, the Hon'ble Supreme Court in Special Leave to Appeal (C) No(s). 10544/2024 (Chief Engineer (NH) PWD (Roads) v. M/s BSC & C and C JV) has held as follows:-

Patna High Court REQ. CASE No.67 of 2024(2) dt.12-07-2024 2/2 "The power under sub-section (4) of Section 29A of the Arbitration Act vests in the Court as defined in Section 2(1)(e) of the Arbitration Act. It is the principal Civil Court of original jurisdiction in a district which includes a High Court provided the High Court has ordinary original civil jurisdiction."

3. In the above circumstances, even going by the decision of the Hon'ble Supreme Court in Kunhayammed & Ors. vs State Of Kerala & Anr.; (2000) 6 SCC 359, though a dismissal of the S.L.P., the direction as extracted herein is binding under Section 141 of the Constitution of India.

4. Hence, the request case is closed leaving the parties to approach the principal Civil Court of original jurisdiction.

(K. Vinod Chandran, CJ) Sujit/- U