Ram Udaya Singh v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 10395 of 2020 ====================================================== Laxmi Devi, aged about 72 years, wife of late Ram Uday Singh, R/o VillageLaxmi Niwas, Ganga Path, West Patel Nagar, PS - Phulwari, Dist - Patna ... ... Petitioner/s

Versus

1.

The Union of India through its Secretary, Ministry of Finance, New Delhi 2.

The Securities and Exchange Board of India India 3.

M/s Bonanza Partfolio Limited, Registered Office at 4355/4-C, Madan Mohan Street, Ansari Road, Darya Ganj, New Delhi 4.

Manish Kumar S/o Vijay Kumar Singh R/o House No. 25, Road No. 10, East Patel Nagar, P.s.- Shastri Nagar, District- Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Shashi Bhushan Kumar, Advocate For the Respondent/s :

Dr K N Singh, ASG Mr Anshuman Singh, CGC ====================================================== CORAM: HONOURABLE MR JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR JUSTICE CHAKRADHARI SHARAN SINGH) 28-02-2022 Re: Interlocutory Application No 1 of 2022 During the pendency of the main application, the petitioner has died consequent upon which this application has been filed seeking substitution of Laxmi Devi, the widow of the deceased petitioner as his legal representative, in place of the deceased petitioner.

Considering the facts and circumstances, this application is allowed.

Let the name of the original petitioner be struck off

Patna High Court CWJC No.10395 of 2020(5) dt.28-02-2022 2/2 from the cause title and be substituted with the name of his widow Laxmi Devi, as described in paragraph 1 of this application.

CWJC No 10395 of 2020 The petitioner is seeking quashing of an award passed in an arbitration proceeding, in present writ application filed under Article 226 of the Constitution of India. The petitioner has remedy under the provisions of Arbitration and Conciliation Act, 1996.

This writ application, in our opinion, is misconceived and not maintainable. It is, accordingly, dismissed. The petitioner shall, however, be at liberty to seek appropriate remedy in accordance with law, before appropriate forum.

(Chakradhari Sharan Singh, J) (Madhuresh Prasad, J) M.E.H./- U