M/S Surendra Prasad And Co. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1578 of 2019 In Civil Writ Jurisdiction Case No.6412 of 2019 ====================================================== M/s Surendra Prasad and Co. through its working partner Anup Kumar, aged about 53 years, male, S/o Late Surendra Prasad, resident of Village/MohallaAnandpura, P.O.- Kadirgaj, P.S.- Nawada, District- Nawada- 805104. ... ... Appellant/s

Versus

1.

The State of Bihar through, Principal Secretary, Road Construction Department, Vishweshwaraiya Bhawan, Bailey Road, Government of Bihar, Patna.

2.

The Principal Secretary, Road Construction Department, Vishweshwaraiya Bhawan, Bailey Road, Government of Bihar, Patna. 3.

The Engineer-in-Chief-cum-Additional Secretary-cum-Special Secretary, Road Construction Department, Government of Bihar, Patna-15. 4.

The Chief Engineer, (Communication), North Bihar Wing, Road Construction Department, Government of Bihar, Patna. 5.

The Superintending Engineer, Road Construction Department, Road Circle, Darbhanga.

6.

The Executive Engineer, Road Construction Department, Road Division, Darbhanga.

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

For the Appellant/s :

Mr. Alok Ranjan, Advocate For the Respondent/s :

Mr. Raj Ballabh Prasad Yadav (AAG-11) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 22-04-2024 As agreed by the parties, Mr. Ajay Kumar Sinha, learned Senior Advocate of the Patna High Court, 27, Bihar Bar Council Bhawan is appointed as learned Arbitrator to adjudicate all disputes arising out of the agreement entered into between the parties to the lis.

Patna High Court L.P.A No.1578 of 2019 dt.22-04-2024 2/2

2. All pleas and issues raised, on merits, are left open to be considered and decided by the learned Arbitrator.

3. The learned Arbitrator shall be entitled to fee as per the schedule of the Act.

4. Since the dispute arises out of an agreement of the year 2018, the hearing be expedited.

5. The issue of limitation, if any, is left open to be raised before the Arbitral Tribunal.

6. Joint Registrar (List) is directed to communicate the order to the learned Arbitrator.

7. Learned counsel for the parties also undertake to communicate the order to the learned Arbitrator.

8. The Arbitral Tribunal shall issue notice to the respondents.

9. The appeal stands disposed of in the above terms. (K. Vinod Chandran, CJ) (Harish Kumar, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.04.2024 Transmission Date NA