Dismissed

The Bihar State Food and Civil Supplies Corporation Ltd. v. Manoj Prashad

Patna HC26 Sept 2019C.R./172/2019

Case brief

AI extract

What is this about?

The Patna High Court held that a civil revision under Section 115 CPC against an arbitral award is not maintainable as the specific remedy lies under Section 34 of the Arbitration Act. The court dismissed the petition and advised filing under Section 34.

What did the court decide?

The civil revision petition is disposed of; petitioners advised to file application under Section 34 of the Arbitration and Conciliation Act, 1996.

The Bihar State Food and Civil Supplies Corporation Ltd. Vs Manoj… — Arbitration | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL REVISION No.172 of 2019

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======================================================

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The Bihar State Food and Civil Supplies Corporation Ltd. through its Managing Director, Khadya Bhawan, Patna.

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The District Manager State Food Corporation East Champaran, Motihari.

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... ... Petitioner/s

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Versus

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Manoj Prashad, Son of Late Rajeshwar Prshad, Proprietor Bhajrang Traders resi, And Mill at Mohalla Ramgarwaha Bazar, P.O.- Ramgarwaha Bazar, P.S. Ramgarwaha, District East Champaran.

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The Sate of Bihar.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Shailendra Kumar Singh For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT Date : 26-09-2019 Heard.

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This civil revision petition has been filed against the arbitral Award dated 29.07.2019 passed in Arbitration Case no.7 of 2018 by which the sole arbitrator has allowed the claim of opposite party upon which arbitral Award was prepared under Section 31(7)(b) of Arbitration and Conciliation Act, 1996.

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Aggrieved by Award, petitioners have preferred this civil revision under Section 115 of Code of Civil Procedure. The aggrieved party has remedy of filing an application under Section 34 of the Arbitration and Conciliation Act, 1996 for setting aside the award before the concerned District Judge as such, present civil revision petition against said arbitral award is

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Patna High Court C.R. No.172 of 2019 dt.26-09-2019 2/2

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not maintainable.

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Petitioners, if so advised, may file an application under Section 34 of the Arbitration and Conciliation Act, 1996 before the concerned District Judge for setting aside the arbitral award and if any such petition is filed by the petitioners the learned court shall exclude the period during which the civil revision petition remained pending in Hon’ble High Court while considering the delay in filing the application under Section 34 of the Arbitration and Conciliation Act, 1996 for setting aside the arbitral award.

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This civil revision petition is disposed of.

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(S. Kumar, J)

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Sanjay/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	02.01.2020
Transmission Date	NA

The Bihar State Food and Civil Supplies Corporation Ltd. v. Manoj Prashad

Case brief

What is this about?

What did the court decide?

The Bihar State Food and Civil Supplies Corporation Ltd. v. Manoj Prashad

Case brief

What is this about?

What did the court decide?

What the court decided

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