Allowed

Sanjeev Kumar v. The State of Bihar

Patna HC18 Feb 2022CWJC/322/2022

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking direction for payment of a contract dues. The Court permitted the petitioner to withdraw the petition while reserving liberty to invoke arbitration or other remedies, without adjudicating the dispute on merits.

What did the court decide?

Permission granted to the petitioner to withdraw the present petition reserving liberty to invoke the arbitration clause and/or take recourse to alternative remedies as are available in accordance wit

Sanjeev Kumar Vs The State of Bihar — Service and Employment | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.322 of 2022

¶2

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

¶3

Sanjeev Kumar Son of Sri Satish Sharma Resident of Village- Kodihara, P.S.Khizarsarai, District- Gaya.

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State of Bihar Through its Principal Secretary, Building Construction Department, Bihar, Patna.

¶7

The Principal Secretary, Building Construction Department, Bihar, Patna.

¶8

The Joint Secretary Building Construction Department, Bihar, Patna.

¶9

The Chief Engineer (South) Public Works Department, Bihar, Patna.

¶10

The Superintendent Engineer Building Circle, Building Construction Department, Gaya.

¶11

The Executive Engineer Building Construction Department, Building Division, Gaya.

¶12

The District Magistrate Gaya, District- Gaya.

¶13

... ... Respondent/s

¶14

====================================================== Appearance : For the Petitioner/s : Mr.Sharda Nand Mishra, Advocate Mr. Dhananjay Kumar Gupta, Advocate Mr. Deepak Kumar, Advocate For the Respondent/s : Mr.Manoj Kr. Ambastha, SC 26

¶15

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

¶16

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon’ble the Chief Justice/Hon’ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.)

¶17

Date : 18-02-2022

¶18

Heard learned counsel for the parties.

¶19

Petitioner has prayed for the following

¶20

Patna High Court CWJC No.322 of 2022 dt.18-02-2022 2/3

¶21

relief(s):-

¶22

“For issuance of writ in the nature of mandamus for direction to the respondents for payment of the contract due amount worth of Rs. 3,80,723/- which is due for payment of the works and further issued direction to respondents pay the contract due amount worth of Rs. 3,80,723/- along with 11% interest to till date of full and final payment and further give other legal and consequential benefit to the petitioner.”

¶23

After the matter was heard for some time, finding the Court not to be in favour with the submissions made across the Bar, learned counsel for the petitioner, more so in view of the disputed question of fact, fairly states that petitioner be permitted to withdraw the present petition reserving liberty to invoke the arbitration clause, and/or take recourse to such alternative remedies as are available in accordance with law.

¶24

Permission granted.

¶25

Petition stands disposed of in the aforesaid terms. We clarify that we have not adjudicated the dispute on merits. All questions of fact and law are left open to be agitated and adjudicated before the appropriate forum in appropriate proceedings.

¶26

Patna High Court CWJC No.322 of 2022 dt.18-02-2022 3/3

¶27

Petition stands disposed of in the aforesaid

¶28

terms.

¶29

Interlocutory Application(s), if any, stands

¶30

disposed of.

¶31

(Sanjay Karol, CJ)

¶32

( S. Kumar, J)

¶33

Sujit/-

¶34

AFR/NAFR CAV DATE Uploading Date 21.02.2022 Transmission Date

Sanjeev Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sanjeev Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Rajeev Nandan Prasad @ Anil Mahto Vs The State of Bihar

M/S. Rajpati Agro Godowns Private Limited Vs The Union Bank of India (Erstwhile Corporation Bank)

Manoj Kumar Kawat @ Manoj Kumar Kewat @ Manoj Kumar Kamat Vs The Union Bank of India

Sachidanand Singh Vs The State of Bihar

Gulzar Ansari Vs The State of Bihar

M/s Sonali Auto Private Limited Vs The Union Bank of India