Vedavaag Systems Limited v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.72 of 2024 ====================================================== Vedavaag Systems Limited (previously known as SARK Systems India Ltd.), a company registered under the Companies Act, 2013 having CIN No. L72200TG1998PLC029240 and its registered office at 103, West Block, Sirisai Orchid, Madhapur, Hi-tech City, Hyderabad 500081, Telangana, India, represented through its authorized representative Mr. Mukesh Kumar, Male, Aged about 34 Years.
... ... Petitioner/s
Versus
1.
The State of Bihar represented through its Principal Secretary, Department of Information and Technology 2.
Principal Secretary, Department of Information and Technology, Secretariat, Patna. Bihar-800015 3.
Bihar State Electronics Development Corporation Limited through its Managing Director, BELTRON Bhawan, Shastri Nagar, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Kashyap, Advocate Mr.Dayanand Singh, Advocate For the State :
Mr. P.K. Shahi, Advocate General For the BELTRON :
Mr. Girijish Kumar, Advocate Mr. Akash Anand, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 13-09-2024 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:- "The power under sub-section (4) of Section 29A of the
Patna High Court REQ. CASE No.72 of 2024 dt.13-09-2024 2/2 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.
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