Peregrine Guarding Pvt Ltd., A Company Registered Under The Companies Act, 1956 Having Its Register v. The Bihar State Educational Infrastructure Development Corporation Ltd., Having Its Office At Achar

IN THE HIGH COURT OF JUDICATURE AT PATNA

REQUEST CASE No.73 of 2024 ====================================================== Peregrine Guarding Pvt Ltd., a company registered under the Companies Act, 1956 having its register 1956 having its registered Office at Plot No. 13, Section 18, Electronic City, Gurugram, Haryana- 122015, through its Authorized Representative, Mr. Alfred Chesney, Male aged about 32 years, son of Mr. Raymond Chesney, Resident of R Block, H-1, Near Food Corporation Building, Patna- 800001, Bihar.

... ... Petitioner/s

Versus

1.

The Bihar State Educational Infrastructure Development Corporation Ltd., having its Office at Achar having its Office at Acharya Shivpujan Sahay Path, Bihar Rashtrabhasha Parishad Campus, Shiksha Bhawan, Saidpur, Patna through its Managing Director.

2.

The Office-In-Charge, State Project Management Unit (SPMU), Bihar Student Credit Card Scheme, Education Department, Bihar, Patna. 3.

The Bihar State Education Finance Corporation Limited (BSEFCL), Secretariat Annexe Block-3, Ground Floor, Main Secretariat Campus, Bihar, Patna- 800015.

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

For the Petitioner/s :

Mr.Sriram Krishna, Advocate Mr. Amarjeet, Advocate Mr. Prabhat Kumar Singh, Advocate For the BFEFCL :

Mr.Kumar Ravish, Advocate For the BSEIDC :

Mr. Girijesh Kumar, 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.73 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