M/S Arjun Engincon Pvt. Ltd. Represented By Mr. Rabi Bhushan, Director, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15739 of 2021 ====================================================== M/s Arjun Engincon Pvt. Ltd. Represented By Mr. Rabi Bhushan, Director, age-47 Years, S/o Sri Arjun Singh J-117, P.C. Colony, Kankarbagh, Patna800020 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Road Construction Department, Bihar, Bishweshraiya Bhavan, Baily Road, Patna. 2.

The Engineer-IN-Chief, Cum Add. Commissioner Cum Special Secretary Road Construction Deptt. Bishweshraiya Bhavan, Baily Road, Patna. 3.

The Chief Engineer, South Bihar, Road Construction Dept. at Patna. 4.

The Executive Engineer, R.C.D. Road Division, Sheikhpura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Singh, Advocate Ms.Usha Kumari, Advocate For the Respondent/s :

Mr. Manoj Kumar Ambastha, SC 26 Mr. Manoj Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (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.) Date : 20-01-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

2/4 After the matter was heard for some time, learned

3/4 counsel for the petitioner seeks permission to withdraw the present petition reserving liberty to take recourse to such remedies as are otherwise stipulated in the agreement and are available in accordance with law.

We notice that petitioner has raised dispute with regard to non-payment of amount arising out of works contract, which stipulates mechanism of resolution of disputes through the process of conciliation and arbitration.

As such, we dispose of the present petition reserving liberty to take recourse to such remedies as are available in accordance with law.

We are sure that as and when any such proceedings is initiated, the same shall be adjudicated expeditiously in accordance with law.

Without expressing any opinion on merits, leaving all questions of fact and law open, the present application is disposed of as withdrawn with the liberty aforesaid. It is made clear that we have not expressed any opinion on merits. All questions of fact and law are left open. Needless to say that while considering such request, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties.

4/4 If aggrieved by the said order, the petitioner shall have liberty to approach this Court by way of separate petition(s), if so required and desired.

Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/Ashwini AFR/NAFR CAV DATE Uploading Date 22.01.2022 Transmission Date