Jharkhand High Court
M/S G.P.T. Infraprojects Limited And ... vs State Of Jharkhand And Ors on 5 January, 2023
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Subhash Chand
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 186 of 2016
M/s G.P.T. Infraprojects Limited and Anr. ... ... Appellants
Versus
State of Jharkhand and Ors. ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE SUBHASH CHAND
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For the Appellants : Mr. Indrajit Sinha, Advocate
For the Respondents : Mr. Alen Andrew, Advocate
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ORAL ORDER
35/Dated: 05th January, 2023 Mr. Indrajit Sinha, learned counsel for the appellants has argued while assailing the order dated 03.03.2016 passed by the learned Single Judge in W.P.(C) No. 06 of 2014 merely on the ground of quorum-non- judis.
According to him, the coram from where the award has been passed consist of eight members which is not in consonance with the provision as contained under Section 21 of the Micro, Small and Medium Enterprises Development Act, 2006.
He has submitted that the similar issue has been decided by the co-ordinate Division Bench of this Court in L.P.A. No. 230 of 2019 (M/s Heavy Engineering Corporation Ltd. vs. The State of Jharkhand and Ors.) and L.P.A. No. 242 of 2022 (The Jharkhand Bijli Vitran Nigam Ltd. vs. Vexcel Upkram Private Limited).
It has further been submitted that since the award is by a council which is having no jurisdiction as per the provision of Section 21 of the Act, 2006, therefore, the award suffers from jurisdictional error since the jurisdiction goes to the root, as such, the award is nothing but void.
Mr. Alen Andrew, learned counsel, has submitted on instructions of Mr. Poddar, learned counsel for the respondents that he is not available today, as such, prayer for adjournment has been made.
The matter is being adjourned on the prayer being made on behalf of Mr. Poddar, learned counsel.
Let this matter be listed on 12.01.2023.
It is made clear that on the next date of hearing, no adjournment shall be granted and the matter will be decided on the basis of the materials available on record.
(Sujit Narayan Prasad, J.) (Subhash Chand, J.) Saurabh/-