The Bihar State Food And Civil Supplies Corporation Limited v. Lakshmi Pratap Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVISION No.146 of 2019 ====================================================== 1.

The Bihar State Food and Civil Supplies Corporation Limited Khadya Bhawan, Daroga Prasad Path, R. Block, Road No.02, Patna - 800001, through its Managing Director.

2.

The Managing Director, the Bihar State Food and Civil Supplies Corporation Limited, Khadya Bhawan.

3.

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

... ... Petitioner/s

Versus

Lakshmi Pratap Singh Son of Uday Pratap Singh, Prop. of M/S Pratap Arwa Rice, Mill, resident of Village Karma, P.S. Aurangabad, District Aurangabad. ... ... 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 28.06.2019 passed in Arbitration Case no.5 of 2018 arising out of Request Case No.230 of 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 Section 34 of the Arbitration and Conciliation Act, 1996 for

Patna High Court C.R. No.146 of 2019 dt.05-09-2019 2/2 setting aside the award before the concerned District Judge 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 concerned District Judge 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 NA