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Patna High CourtC.R./177/2019disposed

The Bihar State Food And Civil Supplies Corporation Ltd. v. Rakesh Kumar Yadav

2019-09-26Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVISION No.177 of 2019 ====================================================== 1.

The Bihar State Food and Civil Supplies Corporation Ltd. Through its Managing Director, Khadya Bhawan, Patna.

2.

The District Manager State Food Corporation Motihari, Bihar. ... ... Petitioner/s

Versus

1.

Rakesh Kumar Yadav Son of Shri Chandrika Prashad Yadav Resident of Village Chainpur P.O. Bhagwanpur Bazar Block and P.S. Adapur District East Champaran Prop. M/S Goeit Rice Mill situated at village Chainpur, P.O.- Bhagwanpur Bazar Block and P.S. Adapur, District East Champaran. 2.

The State of Bihar ... ... 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 : 26-09-2019 Heard.

This civil revision petition has been filed against the arbitral Award dated 29.07.2019 passed in Arbitration Case no.2 of 2018 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 setting aside the award before the concerned District Judge as

Patna High Court C.R. No.177 of 2019 dt.26-09-2019 2/2 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