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Patna High CourtCR. WJC/2539/2017dismissed

Rajnish Ranjan @ Rajnesh Ranjan v. The State Of Bihar Through District Magistrate, Muzaffarpur And ORS

2018-03-19Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2539 of 2017 ======================================================

1. Rajnish Ranjan @ Rajnesh Ranjan Son of Ram Prakash Rai resident of Naresh Bhawan, Chaturbhuj Thakur Marg Gannipur, P.S.

- Kazimohammadpur, District - Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar through District Magistrate, Muzaffarpur.

2. The District Magistrate, District - Muzaffarpur.

3. The Superintendent of Police, District - Muzaffarpur.

4. The Station Head Officer (S.H.O.) P.S. - Kazimohamadpur, District - Muzaffarpur.

5. The Indusind Bank Ltd. Branch Hajipur at Vaishali through its Branch Manager.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Vikram For the Respondent/s : Mr. Sheo Shankar Prasad (SC8) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-03-2018 Learned counsel for the petitioner has produced before this Court a Xerox copy of the arbitral award said to have been passed by the learned Sole Arbitrator Shri S.G. Ramesh Cumar, Advocate, Chennai.

A perusal of the award would show that the present petitioner was a party in the arbitration proceeding, he was also noticed by the learned Arbitrator but he did not participate in the arbitration proceeding, finally an ex parte award has been passed on 9th February, 2018. A perusal of the writ application would show that while filing the writ application the fact that an

Patna High Court Cr. WJC No.2539 of 2017 (5) dt.19-03-2018 arbitration proceeding has already been initiated in the matter and petitioner has got knowledge of the same has not been stated. Since the award has already been passed, the writ application, in the present matter, cannot proceed. It is, accordingly, dismissed.

(Rajeev Ranjan Prasad, J) Arvind/- U T