In Civil Revision No.127 of 2014, the Patna High Court dismissed the petitioner's revision challenging an arbitration award regarding a construction dispute. The court held the application was infructuous as the petitioner had already honoured the award via cheque.
The revision application is dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Revision No.127 of 2014
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... ... Petitioner/s
Versus
M/s H.P. Biswas & Company, proprietor – Shri Alok Kumar Biswash, son of Late H.P. Biswash, resident of Ajanta Para Hirapur, Post Office- Dhanbad, Jharkhand
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. K.P. Gupta, GP-X Mr. Binod Kumar, AC to GP-X For the Respondent/s : Mr. Ram Ishwar Prasad, Advocate
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 08-02-2019
Heard learned counsel for the parties.
2. The State of Bihar through the Secretary,
Building Construction Department, Patna has challenged the award dated 22.02.2013 made in Reference Case No. 112 of 2010 by Bihar Public Works Contracts Disputes Arbitration Tribunal under the provisions of Bihar Public Works Contracts Disputes Arbitration Tribunal Act, 2008.
3. This revision application has been preferred under Section 13 of the aforesaid Act.
4. Learned counsel for the opposite party submits
Patna High Court C.R. No.127 of 2014 dt.08-02-2019 2/3
that the dispute between the parties arose out of a written agreement whereunder the opposite party was to make construction of the Judicial Academy Building at Patna. The dispute was referred to the Tribunal and the Tribunal passed the award in favour of opposite party giving relief mentioned in the last paragraph of the impugned award.
5. Thereafter, opposite party filed Execution Case No. 04 of 2013 before the learned Sub-Judge-I, Patna for execution of the said award.
6. The petitioners herein honoured the award by making payment of entire awarded amount by cheque dated 21.11.2013 and 24.11.2013 and opposite party has received the cheques from the Execution Court.
7. Contention of opposite party is that this Court need not in exercise of supervisory jurisdiction entertain this revision application which was brought after satisfaction of the award.
8. Learned counsel for the petitioners submits that he has no instruction whether the State has made any payment to the opposite party in the execution proceeding.
9. Considering the submission of learned counsel for opposite party and the fact that the impugned award has
Patna High Court C.R. No.127 of 2014 dt.08-02-2019 3/3
already been honoured by the petitioners, this revision application is dismissed as infructuous.
(Birendra Kumar, J)
Kundan/Rajan
| AFR/NAFR | N.A. |
|---|---|
| CAV DATE | N.A. |
| Uploading Date | 12.02.2019 |
| Transmission Date | 12.02.2019 |
1 issue framed by the court
Whether the High Court should entertain a revision application challenging an arbitration award which has already been honoured by the petitioner.
1 provisions across 1 enactments
State of Bihar through the Secretary Building Construction Department
M/s H.P. Biswas & Company
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
