M/S Bharti Construction v. The State Of Bihar And ORS

Patna High Court CWJC No.10504 of 2015 (3) dt.05-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10504 of 2015 ======================================================

1. M/s Bharti Construction through its proprietor Binay Kumar Shrivastava son of Anant Prasad Shrivastava, resident of village- Baghi, P.S.- Muffasil, District- Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary-cum-Commissioner, Department of Road Construction, Governent of Bihar, Vishveshwaraiya Bhawan, Bailey Raod, Patna.

2. The Engineer in Chief-cum-Additional Commissioner-cum-Special Secretary, Road Construction Department Government of Bihar, Vishveshwaraiya Bhawan, Bailry Raod, Patna.

3. The Superintending Engineer, Raod Construction Department, Darbhanga.

4. The Executive Engineer, Raod Construction Department, Begusarai. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anjani Kumar Jha For the State : Mr. S. k. Giri, GP 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In the present writ petition, petitioner is challenging the order dated 15.5.2015 passed by the Bihar Public Works Contracts Dispute Arbitration Tribunal (hereinafter referred to as the Tribunal) by which the Tribunal has refused to entertain the application on the ground of limitation as he has filed the application beyond four weeks.

Petitioner has earlier moved before this Court and this Court directed him to exhaust alternative remedy with a

Patna High Court CWJC No.10504 of 2015 (3) dt.05-07-2017 liberty to file the same within four weeks but instead of four weeks he has filed the same beyond four weeks. Accordingly the Tribunal is directed to decide the case on its own merit.

Accordingly the order dated 15.5.2015 passed by the Tribunal is set aside and matter is remanded back for fresh decision on its own merit.

With the aforesaid observation this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/- U