D.N.A.Infrastructure Pvt. Ltd. v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9466 of 2012 ===========================================================
1. D.N.A.Infrastructure Pvt. Ltd. having Registered Office At D-2, Kalindi Colony, New Delhi 110065, Head Office At G-11 Sector- 11, Noida-201301 and Patna Branch Office At : 'Anushree' Rameshwar Dayal Path, Opposite A.N. College, Boring Road, Patna - 800013 through its Chief Executive Officer Shri Manoj Dassani, Son of Shri C.R. Dassani.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary, Rural Works Department, Govt. Of Bihar, Patna
3. The Engineer in Chief, Rural Works Department, Govt. Of Bihar, Patna
4. The Chief Engineer, Hazipur Zone, Rural Works Department, Govt. Of Bihar, Patna
5. The Superintending Engineer, Rural Works Department, Samastipur Circle
6. The Executive Engineer, Rural Works Department, Work Division, Begusarai
7. The District Magistrate, Begusarai
8. The Branch Manager, H.D.F.C. Bank, Plot No-51 Jamal Road, Patna - 800001 .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Ramakant Shankar, Sr. Adv. Mr. Rakesh Kumar Sharma, Adv.
For the Respondent/s : Mrs. Namrta Mishra, GA-6 Mr. Alok Ranjan, AC to GA-6 For the H.D.F.C. : Mr. Girijesh Kumar, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 26-07-2016 The present writ petition has been filed for quashing the order bearing no. 915 dated 21.04.2012 issued by the Executive Engineer, Rural Works Division, Begusarai (respondent no. 6) by which dates were fixed for final measurement of the executed work by the petitioner; and for connected reliefs.
2. I.A. No. 5498 of 2012 and I.A. No. 5626 of 2013 have been filed for amendment in the writ petition seeking addition of various prayers including the quashing of the order dated 06.06.2013 passed by the Empowered Standing Committee rescinding the contract of the
Patna High Court CWJC No.9466 of 2012 dt.26-07-2016 2/2 petitioner.
3. At the very outset, learned counsel for the respondents submits that the petitioner has adequate remedy for redressal of its grievances by way of Arbitration under the provisions of the Bihar Public Works Contracts Disputes Arbitration Tribunal Act, 2008. Learned counsel for the petitioner does not controvert the aforesaid submission made on behalf of the State.
4. In the above view of the matter, the writ petition stands dismissed with liberty to the petitioner to raise its grievances by invoking the forum of Arbitration as aforesaid in accordance with law, if so advised. The I.A.s also stand disposed. (Vikash Jain, J) Md. Ibrarul/- AFR/NAFR CAV DATE Uploading Date Transmission Date