Patna High CourtL.P.A/348/2014dismissed

M/S Shree Radha Raman Saw Mill v. The State Of Bihar And ORS

2016-07-27Mr. Justice Ahsanuddin Amanullah,Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.348 of 2014 Arising out of Civil Writ Jurisdiction Case No. 6314 of 2013 =========================================================== M/S Shree Radha Raman Saw Mill, Kamal Timber Market, Kamala Ta Nadiad, District- Kheda (Gujrat) Through its Representative Miteshwar Prasad, Son of Late Shiveshwar Prasad, Resident of 24 Kitab Bhawan Road, P.S.- North S.K. Puri, District- Patna .... .... Appellant/s

Versus

1. The State of Bihar

2. The Secretary-Cum-Commissioner, Agricultural Department, Bihar, Patna

3. The Collector-Cum-District Magistrate, Patna

4. The District Agricultural Officer, Patna

5. The Managing Director, Bihar Rajya Beej Nigam Ltd., Patna

6. The Chief Processing Officer, Bihar Rajya Beej Nigam Ltd., Agricultural Farm, Mithapur, Patna .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Prakash Sahay For the State : Mr. Manish Dhari Singh, AC to GA 7 For Bihar Rajya Beej Nigam :Mr. Sourendra Pandey =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 27-07-2016 The order dated 22nd January, 2014 passed by the learned Single Judge of this Court in CWJC No. 6314 of 2013 is the subject matter of challenge in the present Letters Patent Appeal. The challenge in the writ application was to an Award passed by the sole Arbitrator, on 18th October, 2012.

The learned Single Bench has rightly found that an Award of Arbitrator can be challenged in the manner prescribed under

Patna High Court LPA No.348 of 2014 dt.27-07-2016 2/2 Section 34 of the Arbitration and Conciliation Act, 1996. We do not find any illegality with such finding as there is statutory alternative efficacious remedy available to the appellant. In that view of the matter, we do not find any merit in this Letters Patent Appeal. The appeal is accordingly dismissed. (Hemant Gupta, J) (Ahsanuddin Amanullah, J) mrl.

AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 29.07.2016 Transmission Date N.A.