The Bihar State Food And Civil Supplies Corporation Ltd. v. Sanjeev Kumar Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

COMMERCIAL APPEAL No.5 of 2025 ====================================================== 1.

The Bihar State Food & Civil Supplies Corporation Ltd., Sone Bhawan, 5th Floor, Birchand Patel Path, Patna, at present Khadya Bhawan, R. Block, Patna.

2.

The Managing Director, The Bihar State Food and Civil Supplies Corporation Ltd., Sone Bhawan, 5th Floor, Birchand Patel Path, Patna, at present Khadya Bhawan, R. Block, Patna.

3.

The District Manager, The Bihar State Food and Civil Supplies Corporation, Madhubani, District Madhubani.

... ... Appellant/s

Versus

Sanjeev Kumar Singh, Son of Sri Rameshwar Prasad Singh, Resident of Sihma, P.S. Matihani, District Begusarai.

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

For the Appellant/s :

Mr.Shailendra Kumar Singh, Advocate For the Respondent/s :

Mr.Manish Prakash, Advocate Mr. Kumar Shanu, Advocate Mr. Ranvir Pratap Singh, Advocate Mr. Shubham, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 15-09-2025 Heard learned counsel for the parties.

2. The appellants have preferred the present commercial appeal against the order dated 18.06.2025 passed by the learned Civil Judge (Senior Division)-X, Patna, with a prayer to close the execution proceeding initiated vide Execution Case No. 258 of 2015.

3. During the course of hearing, learned counsel for the respondent has pointed out that the order under challenge

Patna High Court COMMERCIAL APP No.5 of 2025(4) dt.15-09-2025 2/2 has been passed by a learned Civil Judge (Senior Division)-X, Patna and, therefore, an appeal under Section 13(1) of the Commercial Courts Act, 2015, would lie before the Commercial Appellate Court/District Judge.

4. Upon such submission, the learned counsel for the appellants seeks permission to withdraw the present appeal with liberty to file an appropriate appeal before the competent court of jurisdiction within a period of two weeks. It is further prayed that till then, the order under challenge may be kept in abeyance.

5. Learned counsel for the respondent has no objection to such prayer.

6. Accordingly, the present appeal is disposed of as withdrawn with liberty to the appellants to file an appeal before the District Judge having competent jurisdiction. Let the order under challenge be kept in abeyance for a period of two weeks from today.

(Sudhir Singh, J) ( Alok Kumar Pandey, J) Sujit/- U