Subodh Kumar Gupta v. The Bihar State Food And Civil Supplies Corporation Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.497 of 2022 ====================================================== Subodh Kumar Gupta Son of Late Babu Lal Gupta, Resident of Village-Raj Bandh, Police Station-Dohraiya, District-Banka, at present Resident of Mohalla-Hanuman Path Tilka Manjhi, Police Station-Tilka Manjhi, DistrictBhagalpur. ... ... Petitioner/s

Versus

1.

The Bihar State Food and Civil Supplies Corporation Ltd. Khadaya Bhawan, Daroga Rai Path, R-Block, Road No. 2, Patna-800001, through its Managing Director.

2.

The Managing Director, Bihar State Food and Civil Supplies Corporation Ltd., Khadaya Bhawan, Daroga Rai Path, R-Block, Road No. 2, Patna800001. 3.

The District Manager, Bihar State Food and Civil Supplies Corporation Ltd. Bhagalpur, District-Bhagalpur.

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

For the Petitioner/s :

Mr.Sanjeet Kumar For the Respondent/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-11-2022 The petitioner is the decree holder.

Hon'ble Mr. Justice S.N. Jha (Retd.) was appointed as Arbitrator by this Court in Request Case No. 53 of 2019 and Award in favour of the petitioner has been passed by the learned Arbitrator on 16th March, 2021 for a sum of Rs. 2,90,78,977.72/-.

The petitioner being the judgment holder filed Execution Case No. 06 of 2022 before the District and Sessions Judge, Patna for execution of the Award dated 16-03-2021. The limited prayer of the petitioner is that a direction

Patna High Court C.Misc. No.497 of 2022(2) dt.09-11-2022 2/2 may be issued to the learned Executing Court to dispose the execution case expeditiously taking into consideration the fact that a huge amount is involved in the case.

Mr. Shailendra Kumar Singh, learned counsel for the respondent- Bihar State Food and Civil Supplies Corporation Ltd. submits that Award has been challenged in Miscellaneous Case and on the request of the petitioner the matter is being looked into by the B.S.F.C. for settlement.

Be that as it may, the learned Executing Court i.e. District and Sessions Judge, Patna is directed to dispose the Execution Case No. 06 of 2022 on its own merit in accordance with law within a period of six months from the date of receipt / production of a copy of this order.

With the aforesaid observation and direction, the application stands disposed of.

(Anil Kumar Sinha, J) praful/- U