Patna High Court - Orders
Rita Jayswal vs The Managing Director, Bihar State Food ... on 16 June, 2020
Author: Sanjay Karol
Bench: Chief Justice
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.125 of 2019
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Rita Jayswal
... ... Petitioner/s
Versus
The Managing Director, Bihar State Food and Civil Supplies Corporation
Limited & Anr.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Kumar, Advocate
Ms. Arti Kumari, Advocate
For the Respondent/s : Mr. Anjani Kumar, Sr. Advocate
Mr. Shailendra Kumar Singh, Advocate
Mr. Siddharth Harsh, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL ORDER
7 16-06-2020Sri Anjani Kumar, learned Senior Advocate appearing for the Bihar State Food and Civil Supply Corporation has placed on record a chart indicating the immovable properties and the bank guarantee(s) furnished by each one of Parties/Applicants/Petitioners and the deficiency in meeting the amounts in terms of the agreement/alleged defalcated amount.
Petitioner(s) seriously dispute correctness of the particulars furnished therein.
Without prejudice to the respective rights and Patna High Court REQ. CASE No.125 of 2019(7) dt.16-06-2020 2/3 contentions of the parties, this Court had impressed upon each one of the petitioners to have the matter amicably resolved by at least sitting with Sri Anjani Kumar, learned Senior Advocate appearing for the Corporation, which suggestion is not acceptable to any one of the petitioners, on the ground of conflict of interest.
This Court does not see any logic or reason in advancing such a plea, for the endeavour was only to put an end to the entire civil litigation, be it the certificate proceedings or the arbitral proceedings at the earliest and the learned Senior Counsel is a man of standing, apart from being extremely fair. The whole idea is to have the accounts and the amount reconciled and the matter resolved without taking recourse to lengthy adjudicatory process. Well, it is for the petitioner(s) to choose such a course and this Court would not impress upon them any further.
Learned counsel for the petitioner(s) state that if the Arbitrator(s) were to be appointed, their clients would be ready and willing to pay the entire fee of the Arbitrator(s), as also, incur all the expenses of arbitral proceedings and that such proceedings shall not be allowed to be lapsed only on such a count. Also, before the commencement of the arbitral Patna High Court REQ. CASE No.125 of 2019(7) dt.16-06-2020 3/3 proceedings, petitioner(s) shall abide by all the orders passed by Hon'ble the Supreme Court.
Statement taken on record.
Post on 22nd June, 2020.
(Sanjay Karol, CJ) P.K.P./-
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