The Managing Director , Bihar State Food And Civil Supplies Corporation v. M/S Guptaji Brothers Rice Mill Pvt. Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVISION No.134 of 2019 In REQUEST CASE No.197 of 2017 ====================================================== 1.

The Managing Director, Bihar State Food and Civil Supplies Corporation Sone Bhawan,Patna at Present R-Block,Patna.

2.

The District Manager, Bihar State Food and Civil Supplies Corporation,Dist.Rohtas ... ... Petitioner/s

Versus

1.

M/s Guptaji Brothers Rice Mill Pvt. Ltd. Registered Office at Akhori Gola,New Sidhouli,Ward No.5, Dalmiya Manager, Dist.Rohtas, through its Director Rajeev Ranjan Kumar Son of Ganesh Prasad Gupta resident of Nvillage Sidouli Ward No.5, Dalmiya Nagar,Dist.Rohtas 2.

The State of Bihar through the Chief Secretary,Govt. of Bihar,Patna 3.

The District Collector, Rohtas,Sasaram.

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

For the Petitioner/s :

Mr. Shailendra Kumar Singh For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT Date : 05-09-2019 Heard.

This civil revision petition has been filed against the arbitral Award dated 29.6.2019 arising out of Request Case No.197/2017 by which the sole arbitrator has allowed the claim of opposite party upon which arbitral Award was prepared under Section 31(7)(b) of Arbitration and Conciliation Act, 1996.

Aggrieved by Award, petitioners have preferred this civil revision under Section 115 of Code of Civil Procedure. The aggrieved party has remedy of filing an application under

Patna High Court C.R. No.134 of 2019 dt.05-09-2019 2/2 Section 34 of the Arbitration and Conciliation Act, 1996 for setting aside the award before the learned District Judge, Patna, as such, present civil revision petition against said arbitral award is not maintainable.

Petitioners, if so advised, may file an application under Section 34 of the Arbitration and Conciliation Act, 1996 before the District Judge, Patna for setting aside the arbitral award and if any such petition is filed by the petitioners the learned court shall exclude the period during which the civil revision petition remained pending in Hon'ble High Court while considering the delay in filing the application under Section 34 of the Arbitration and Conciliation Act, 1996 for setting aside the arbitral award.

This civil revision petition is disposed of.

(S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 02.01.2020 Transmission Date 02.012020