The Braithwaite Burn And Jessop Construction Limited, v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13025 of 2024 ====================================================== The Braithwaite Burn And Jessop Construction Limited, a company Registered under the Companies Act, 1956 having its registered office at 27, Rajendra Nath Mukherjee Road, P.O. Box No. 264, Kolkata- through its authorized representative and the Deputy Manager (Law), Mithun Datta, Male, aged about 47 years, Son of Mr. Ranjit Datta, R/o 48 No. School Road, Nalta, Dumdum (M), North 24 Parganas West Bengal- 700028. ... ... Petitioner

Versus

1.

The Union of India through the Chairman Railway Board, Ministry of Railways, Rail Bhawan, New Delhi.

2.

The East Central Railway, through General Manager, East Central Railway, Hajipur, Bihar.

3.

Chief Mechanical Engineer, East Central Railway, Hajipur, Bihar. 4.

Chief Mechanical Engineer, Freight, East Central Railways, Hajipur, Bihar. 5.

Senior Divisional Mechanical Engineer, DRM Building, East Central Railways, Mughalsarai, Chandauli- 232101, U.P. 6.

The Manager, Canara Bank, Prime Corporate Branch, 21, Camac Street, Kolkata- 700016.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. P.N.Shahi, Sr. Adv.

:

Mr. Mrigank Gauli, Sr. Adv.

:

Mr. Sanket, Adv.

For the Respondent :

Dr. K.N. Singh, ASG For the UOI :

Mr. Alok Kumar Agrawal, Sr. CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-09-2024 The present writ petition has been filed seeking the following relief:- "1. For directing disposal of Execution Case No. 01 of 2022, pending before the Court of learned ADJ-XVI, Patna within two months as same has remained pending for more than two years, without any stay in favour of the Respondents."

Patna High Court CWJC No.13025 of 2024(2) dt.04-09-2024 2/2 2.

At the outset, the learned senior counsel for the petitioner seeks a direction upon the learned ADJ-XVI, Patna to expedite the proceedings of the Execution Case No. 01 of 2022 and further submits that the petitioner would be filing appropriate petition before the learned ADJ-XVI, Patna with regard to the same.

3. Having regard to the facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioner to file appropriate petition before the learned Court of ADJ-XVI, Patna, for expediting the proceedings of Execution Case No. 01 of 2022 and in case such a petition is filed, within a period of two weeks from today, the learned ADJ-XVI, Patna shall consider the same sympathetically and take appropriate action, in accordance with law, expeditiously.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Kanchan,suruchi/- U