M/S Anand Rice Mill v. The State Of Bihar And ORS

Patna High Court CWJC No.8181 of 2015 dt.27-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8181 of 2015 =========================================================== M/s Anand Rice Mill, Proprietor Madan Sah, Son of Late Shankar Sah, Reident of Village- Motihat, P.S- Barahat, District- Banka. .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Food and Civil Supply Department, Government of Bihar, Patna.

2. The District Magistrate, Banka.

3. The Bihat State Food and Civil Supply Corporation Ltd, Bihar, Patna.

4. The District Manager, Bihar State Food and Civil Supply Corporation Ltd, Banka, District- Banka.

5. The Certificate Officer, Banka.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Anil Kumar Singh, Advocate. For the Respondents : Mr. Satya Deo Kumar, SC-5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 27-04-2018 The present writ petition has been filed for quashing the Certificate Case No. 10/2014-15 pending before the Certificate Officer, Banka for recovery of Rs. 40,69,650/-; and for connected reliefs.

2. At the very outset, learned counsel for the petitioner states that Request Case No. 45 of 2018 filed by the petitioner has been allowed by this Court by order dated 09.02.2018, as evident from the details of case status.

3. Learned counsel for the respondents also accepts this position.

4. Having heard learned counsel for the parties and in view of the fact that the dispute between the parties has been allowed

Patna High Court CWJC No.8181 of 2015 dt.27-04-2018 to be considered in the forum of arbitration, it is no longer necessary to enter into the merits of the present writ petition. The parties will be free to raise all issues before the learned Arbitrator at the appropriate stage.

5. In the interest of justice, this Court directs that the Certificate Officer shall not resort to any coercive action against the petitioner for recovery of the dues against the petitioner in Certificate Case No. 10/2014-15 until resolution of the dispute by the learned Arbitrator.

6. The writ petition stands disposed of on the aforesaid terms.

(Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 02.05.2018 Transmission Date N.A.