The State of Bihar Vs Hi Tech Sweet Water Technologies Pvt. Ltd. — Patna HC (2025) — LawSathi Research

The State of Bihar Vs Hi Tech Sweet Water Technologies Pvt. Ltd. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None; the Civil Review petition was disposed of as not pressed, no substantive relief being granted.

Issue for consideration

Whether the pending Civil Review petition has been rendered infructuous in view of the intervening circumstances, namely disposal of the arbitral proceedings by award dated 19.06.2024 and the subsequent challenge to that award by both parties before the Civil Court, Patna.

Court's answer

Accepting the joint submission of learned counsel for the parties, the Court found that the present petition has been rendered infructuous on account of the intervening circumstances, i.e., disposal of the arbitral proceedings (Arbitration Case No. 2 of 2022 and 2A of 2022) by award dated 19.06.2024 and the challenge to that award by both parties before the Civil Court, Patna (Arbitration Case No. 68 of 2024 by the respondent and Arbitration Case No. 74 of 2024 by the petitioners).

Ratio / Principle

The present petition stands disposed off as not pressed.

Detailed headnote1 paragraphs

Patna High Court, Civil Review No. 227 of 2022 arising out of Civil Writ Jurisdiction Case No. 4792 of 2021 (State of Bihar through Principal Secretary, Public Health Engineering Department and other Departmental officers v. Hi Tech Sweet Water Technologies Pvt. Ltd. and the Executive Engineer, P.H. Division, Sheikhpura); Bench: Mohit Kumar Shah and Soni Shrivastava, JJ.; oral order per Mohit Kumar Shah, J.; decided 01-09-2025. Learned counsel for the parties jointly pointed out that, in pursuance of the order dated 22.02.2022 passed in CWJC No. 4792 of 2021, the sole Arbitrator appointed by the Court, Justice Vikash Jain (Retired), former Judge of that Court, had disposed of Arbitration Case No. 2 of 2022 and 2A of 2022 (filed by the State Government) by award dated 19.06.2024; that award has since been challenged before the Civil Court, Patna by both sides (Arbitration Case No. 68 of 2024 by the respondent; Arbitration Case No. 74 of 2024 by the petitioners), rendering the present review infructuous. Held: the Civil Review petition stands disposed of as not pressed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL REVIEW No. 227 of 2022

In

Civil Writ Jurisdiction Case No.4792 of 2021

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

The State of Bihar through Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna.

The Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna.

The Engineer-in-Chief-cum-Special Secretary, Public Health Engineering Department, Government of Bihar, Patna.

The Chief Engineer (Regional), Public Health Engineering Department, Government of Bihar, Patna.

The Superintending Engineer, Public Health Engineering Department, Circle Bhagalpur.

The Executive Engineer, P.H. Division, Bhagalpur West.

The Executive Engineer, P.H. Division, Munger.

The Executive Engineer, P.H. Division, Sheikhpura.

... ... Petitioner/s

Versus

Hi Tech Sweet Water Technologies Pvt. Ltd. having its registered office At 229, 230 Turning Point, Ghod Dod Road, Surat, Gujarat, represented through its Vice President namely Sri Sunil Kumar Singh, aged about 50 years (male), son of Late Balram Singh, resident of Mohalla-Text Book Colony, Keshri Nagar, P.O. and P.S. Shastri Nagar, District-Patna, Office Address-Aprajita, Sri Krishna Puri, District-Patna.

The Executive Engineer, P.H. Division, Sheikhpura.

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Alok Ranjan (AC to AAG-5) For the Opposite Party/s : Mr.Pranav Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

3 01-09-2025 It has been pointed out by the learned counsel for

the parties that in pursuance to the order dated 22.02.2022

Patna High Court C. REV. No. 227 of 2022(2) dt.01-09-2025 2/2

passed in CWJC No. 4792 of 2021, the learned sole Arbitrator appointed by this Court, namely, Justice Vikash Jain (Retired), former Judge of this Court, had initiated arbitral proceedings bearing Arbitration Case No. 2 of 2022 and 2A of 2022 (filed by the State Government) and the same have stood disposed off by an award dated 19.06.2024. It is also submitted that the aforesaid award dated 19.06.2024 has subsequently been challenged before the learned Civil Court, Patna by both the parties, inasmuch as while Arbitration Case No. 68 of 2024 has been filed by the respondent herein, Arbitration Case No. 74 of 2024 has been filed by the petitioners. Thus, it is submitted by the learned counsel for the parties that the present petition has been rendered infructuous on account of the aforesaid intervening circumstances.

Accordingly, the present petition stands disposed off as not pressed.

(Mohit Kumar Shah, J)

(Soni Shrivastava, J)

S.Sb/-

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