Patna High CourtC.R./41/2014dismissed

Md. Moin v. State Of Bihar And ANR

2017-01-31Mr. Justice V. Nath2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Revision No.41 of 2014 =========================================================== Md. Moin Son Of Late Md. Ibrabim Proprietor Of Light Motor Works, Sinha Library Road, P.S- Kotwali, District- Patna ( Bihar) .... .... Petitioner

Versus

1. The State Of Bihar Through The Chairman, Bihar Sanskrit Shiksha Board, Boring Canal Road, Patna.

2. The Secretary, Bihar Sanskrit Shiksha Board, Boring Canal Road, Patna. .... .... Opposite Parties.

=========================================================== Appearance :

For the Petitioner/s : Mr. D.Chaubey, Adv. For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 31-01-2017 Heard Mr.D. Chaubey, learned counsel appearing for the petitioner and the learned counsel appearing for the respondent-Board.

The present application has been filed against the dismissal of the reference by the Tribunal under Bihar Public Works Contracts Dispute Arbitration Tribunal Act, 2008. From the facts and materials on record, it is evincible that the claim made by the petitioner is not covered by the definition of "Works Contracts" as given in Section 2(k) of the aforesaid Act. The ambit and scope of Section 2(k) has been considered by this Court in the case of A.B.Grain Spirits Pvt.Ltd. Vs. Bihar Urban Infrastructure Development Corporation Ltd., 2017 PLJR (1) 147. The claim of the

Patna High Court C.R. No.41 of 2014 dt.31-01-2017 petitioner is relating to the repair of the vehicle under the contract with the respondent-Board. Such contract and claim on that basis cannot be the subject matter of a reference by the Tribunal under the aforesaid Act. This Court therefore comes to the conclusion that there is no illegality in the rejection of the claim of the petitioner by the Tribunal.

The revision application is accordingly dismissed with liberty to the petitioner to seek remedies available to him in accordance with law.

(V. Nath, J) Nitesh/- U