Union Of India Through The General Manager, East Central Railway, v. M/S Kamal Construction, A Partnership Firm

IN THE HIGH COURT OF JUDICATURE AT PATNA

COMMERCIAL APPEAL No.20 of 2025 ====================================================== Union of India through the General Manager, East Central Railway, Hajipur, District- Vaishali (Bihar).

... ... Appellant/s

Versus

M/s Kamal Construction, a partnership firm through, P.O.A. Holder Shri Subodh Kumar Singh, Mehadauli, Begusarai, District- Begusarai (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Satyabir Bharti, Sr. Advocate Mr.Shivaditya Dhari Sinha, Advocate For the Respondent/s :

Mr. Apurv Yash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 25-03-2026 I.A. No.1 of 2026 In the hearing dated 17.03.2026, Mr. Satyabir Bharti, learned senior counsel for the appellant took some time to respond to the preliminary objection raised on behalf of the respondent.

2. The objection relates to the very maintainability of the present appeal in the High Court.

3. Today, learned senior counsel for the appellant submits, on instruction, that the appellant may be allowed to withdraw the appeal from this Court and he may be allowed to present the same before the appropriate court.

4. Learned counsel for the respondent has no

Patna High Court COMMERCIAL APP No.20 of 2025(4) dt.25-03-2026 2/2 objection to the same.

5. Keeping in view the aforementioned submissions, the appeal is dismissed as withdrawn with liberty to the appellant to seek its remedy before the appropriate forum/court as may be advised. All the contentions are left upon to the parties.

6. Accordingly, the appeal as well as Interlocutory Application stand disposed of.

(Rajeev Ranjan Prasad, J) ( Soni Shrivastava, J) arvind/- U