Disposed

Shambhu Kumar v. The Food And Consumer Protection Department Through The Principal Secretary and Ors.

Patna HC17 Apr 2018CWJC/6706/2018

Case brief

AI extract

What is this about?

The High Court noted that an arbitration forum was appointed to resolve the underlying dispute. Consequently, the writ petition for quashing the recovery certificate was disposed of without going into merits, and the Certificate Officer was directed to stay coercive recovery proceedings pending the arbitrator's decision.

What did the court decide?

Directions to the Certificate Officer not to take coercive action for recovery pending the resolution of the dispute by the learned Arbitrator.

Shambhu Kumar Vs The Food And Consumer… — Public Procurement and Tenders | Patna HC (2018)

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Patna High Court CWJC No.6706 of 2018 dt.17-04-2018

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.6706 of 2018

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Shambhu Kumar son of Ram Charitra Sah Proprietor of M/S Shambhu Rice Mill, resident of Village - Bagha, Ward No. - 24, P.S. - Lohiyanagar, District - Begusarai.

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.... .... Petitioner/s

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Versus

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The Food and Consumer Protection Department through the Principal Secretary, Bihar at Patna.

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The State of Bihar through District Magistrate, District - Sitamarhi.

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The Bihar State Food and Civil Supplies Corporation Limited through its M.D., Bihar at Patna.

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The District Manager, Bihar State Food and Civil Supplies Corporation Limited, Sitamarhi, District - Sitamarhi.

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The District Certificate Officer, Sitamarhi, District - Sitamarhi.

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.... .... Respondent/s

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=========================================================== Appearance : For the Petitioner/s : Mr. Sumeet Kumar Singh, Adv For the Respondent/s : Mr. S.RAZA AHMAD -AAG5 For the BSCFC ; Mr. Sanjay Prasad, Adv

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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 17-04-2018

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The present writ petition has been filed for quashing the Certificate Case No. 06 of 2014-15 pending before the District Certificate Officer, Sitamarhi for recovery of Rs. 36,09,901.90; and for connected reliefs.

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At the very outset learned counsel for the petitioner refers to the judgment of this Court stating that Request Case No. 214 of 2017 filed by the petitioner has been allowed by this Court by order dated 08.11.2017 and learned Arbitrator has been appointed for resolving the dispute between the parties.

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Learned counsel for the respondents also accepts this

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position.

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Having heard learned counsel for the parties and in

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Patna High Court CWJC No.6706 of 2018 dt.17-04-2018

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view of the fact that the dispute between the parties has been allowed to be considered in the forum of arbitration, it is no longer necessary to enter into the merits of the present writ petition. The parties will be free to raise all issues before the learned Arbitrator at the appropriate stage.

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In the interest of justice, this Court directs that the Certificate Officer shall not resort to any coercive action against the petitioner for recovery of the dues against the petitioner in Certificate Case No. 06 of 2014-15 until resolution of the dispute by the learned Arbitrator.

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The writ petition stands disposed of on the aforesaid

terms.

(Vikash Jain, J)

Chandran/BT

AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	20.04.2018
Transmission Date	NA

Shambhu Kumar v. The Food And Consumer Protection Department Through The Principal Secretary and Ors.

Case brief

What is this about?

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Shambhu Kumar v. The Food And Consumer Protection Department Through The Principal Secretary and Ors.

Case brief

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What the court decided

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