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Patna High CourtCWJC/9117/2017disposed

Sanjay Kumar v. The State Of Bihar And ORS

2018-10-29Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9117 of 2017 ====================================================== Sanjay Kumar S/o Dinesh Singh Proprietor of M/s Maa Vaishnavi Rice Mills r/o village Atrauli, P.S. - Obra, District - Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Food & Civil Supply Corporation Govt. of Bihar, Patna.

2. The District Magistrate, Aurangabad, District - Aurangabad.

3. The Bihar State Food Civil Supplies Corporation Limited through its M.D. Bihar at Patna.

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

5. The Certificate Officer, District - Aurangabad. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Bihari Tiwary For the Respondent/s : Mr. Sanjay Kr. Giri-GP 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-10-2018 The learned counsel for the parties are in agreement that the subject matter of dispute is arising out of an agreement from which the certificate proceeding as also the arbitration proceeding has arisen, hence till disposal of the arbitration proceeding, which is pending before Hon'ble Mr. Justice Amresh Kumar Lal, a retired Judge of this Court, the order dated 4.3.2016 passed by the Certificate Officer, Aurangabad is required to be stayed till conclusion of the arbitration proceeding. In view of the submissions made by the respective counsels for the parties appearing in the present case, I deem it fit and proper to direct for stay of the order dated 4.3.2016 passed by the Certificate Officer, Aurangabad in Certificate Case No.62 of 2014-15 till passing of the final award by the learned Arbitrator in the ongoing arbitration proceeding before Hon'ble Mr. Justice

Patna High Court CWJC No.9117 of 2017 (11) dt.29-10-2018 2 /2 Amresh Kumar Lal, a retired Judge of this Court. The present writ petition is disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) BTiwary/- U