Dismissed

Sanjeev Kumar v. The State Of Bihar and Ors.

Patna HC13 Oct 2014CWJC/16907/2014

Case brief

AI extract

What is this about?

In a writ petition, the petitioner challenged the rescission of a construction contract. The Court held that inter-party agreements provided an arbitration remedy for disputes regarding performance and official faults, noting a Tribunal was already constituted. Consequently, the writ was dismissed as ill-advised.

What did the court decide?

The writ petition is dismissed as wholly misconceived and ill-advised.

Sanjeev Kumar Vs The State Of Bihar and Ors. — Contract and Commercial Disputes | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16907 of 2014

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Sanjeev Kumar, son of Sri (Dr.) Raghunandan Prasad Singh, resident of 4, Guru Sahaya Lal Nagar, Ashiyana Nagar, P.O. Ashiyana Nagar, P.S. Rajiv Nagar, District Patna-25

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.... .... Petitioner Versus

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The State of Bihar

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The Principal Secretary, Rural Works Department, Vishweswaraiya Bhawan, Bailey Road, Govt. of Bihar, Patna

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The Engineer in Chief cum Additional Commissioner cum Special Secretary, Rural Works Department, Vishweswaraiya Bhawan, Bailey Road, Govt. of Bihar, Patna

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The Chief Engineer-1, Rural Works Department, Govt. of Bihar, Patna 5. The Superintending Engineer, Rural Works Department, Works Circle, Rural works Department, Nalanda, Bihar Sharif

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The Executive Engineer, Rural Works Department, Works Division, Hilsa, Nalanda

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.... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Sinha For the Respondent/s : Mr. Anil Kr Uapdhyay

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====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT (Date-13.10.2014)

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Heard learned counsel for the parties.

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This Court having regard to the nature of the impugned order rescinding the contract of the petitioner on account of nonfulfilment of the terms and conditions in the agreement is not inclined to interfere with the same.

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Let it be noted that the petitioner was allotted the work to construct and also maintain Hilsa Reri Bansbigha to Marachi Road by an agreement dated 27.8.2009 whereby and whereunder the last date of completion of the work was 13.8.2010. The petitioner in fact having not completed the work was subjected to show cause

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Patna High Court CWJC No.16907 of 2014 (2) dt.13-10-2014

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notice dated 8.8.2013 and the impugned order after considering the show cause reply filed by the petitioner on 14.8.2013 has been passed. It is not in doubt that the petitioner is bound by an interparty agreement of which Special Bid Document is part thereof. The documents, therefore, also provide the remedy of the petitioner by way of arbitration and his explanation that he had fulfilled his part of contract and the fault actually was on the part of the officials in not getting the work completed can definitely be gone in arbitration proceeding where both the parties will have the opportunity to lead evidence. There is already a duly constituted Arbitral Tribunal and therefore, the petitioner instead of filing this writ application ought to have moved the Tribunal either in respect of the impugned order or the proposed action which he is apprehending by way of black listing.

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That being so, this application is wholly misconceived and ill-advised and is, accordingly, dismissed.

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Nothing said in this order, however, will come in the way of the petitioner in approaching the Arbitral Tribunal as per the terms and conditions of inter-party agreement.

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(Mihir Kumar Jha, J)

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surendra/-

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Sanjeev Kumar v. The State Of Bihar and Ors.

Case brief

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Sanjeev Kumar v. The State Of Bihar and Ors.

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