Dismissed

M/s Bhawani Traders and Suppliers v. The National Highways Authority Of India and Ors.

Patna HC7 Sept 2012CWJC/16458/2012

Case brief

AI extract

What is this about?

The court disposed of a writ application where the petitioner sought a direction to the NHAI for fund release due to non-payment of dues by Gamman India Ltd. Holding that the dispute arises between the petitioner and Gamman India Ltd. and is governed by an arbitration clause, the petitioner was directed to invoke the clause instead.

What did the court decide?

The writ application was disposed of with liberty; the petitioner is directed to invoke the arbitration clause in the agreement.

M/s Bhawani Traders and Suppliers Vs The… — Contract and Commercial Disputes | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16458 of 2012

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M/S Bhawani Traders & Suppliers through its Proprietor Bechan Jha, son of late Tej Narayan Jha, Resident of Bhim Nagar, Ward No.12, At +P.O.Bhim, P.S.-Birpur Nagar, District-Supaul.

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.... .... Petitioner/s

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Versus 1. The National Highways Authority of India, through its Chairman, H.O.Flat No.G-5/G-6, Sector-10, Dwarka, P.S.-Dwarka, New Delhi-110075. 2. Manager (Tech.), N.H.A.I., House of Sikandar Singh, Sahibaan Hata, Near Mahananda Colony, P.S.-Town, District-Purnea-854301. 3. Gamman India Ltd., Gamman House, Veer Savarkar Marg, P.O.Box No.-9129, Prabha Devi, P.S.-Prabha Devi, District, Mumbai-400025. 4. Project Incharge, Gamman India Ltd., Package BR-3, P.S.-Pratapganj, Madhubani, Supaul, Bihar.

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.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Vivek Prasad, Adv. For Respondent Nos.1&2 : Mr. Sunil Kumar-II, Adv. and Mr.Ranjan Kumar Singh, Adv. For Respondent Nos.3&4 : Mr.Shyam Kishore Sharma, Sr.Adv. and Mr.Nilesh Kumar Nirala, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

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2 07-09-2012 Though a prayer has been made in this writ application for a direction to the National Highway Authority of India for release of adequate fund in favour of respondent Gammon India Ltd., petitioner is whose sub-contractor, but in fact it appears that dispute is between the petitioner and Gammon India Ltd. itself with regard to payment of work already executed and completed by the petitioner as its sub-contractor.

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Had the Gammon India Ltd. accepted the dues of the petitioner and would have taken a stand before this Court that

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Patna High Court CWJC No.16458 of 2012 (2) dt.07-09-2012

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only due to non-release of fund by the National Highway Authority of India payment is not made to the petitioner, this Court would have considered issuing some directions. But since the same is not being accepted and supported by Gammon India Ltd., and agreement between the Gammon Indian Ltd. and the petitioner contents an arbitration clause, petitioner’s only remedy is by way of invoking the said clause before the appropriate authority of Gammon India Ltd.

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The writ application is disposed of with the aforesaid liberty.

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Arvind/-

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(Jayanandan Singh, J)

M/s Bhawani Traders and Suppliers v. The National Highways Authority Of India and Ors.

Case brief

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M/s Bhawani Traders and Suppliers v. The National Highways Authority Of India and Ors.

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