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2019 Supreme(Pat) 327

MOHIT KUMAR SHAH
Kamladitya Constructions Pvt. Ltd. Thr. its auth. Sign. Vinod kr. Singh Late Lalan Singh – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Y.V. Giri, Mr.Ashish Giri, Mr. Rajat Kumar Tiwary, Mr. Sumit Kumar Jha, Adv.
For the Respondent: Mr.Anjani Kumar, Adv.

JUDGMENT :

The present review petition has been filed seeking review of the order dated 30.11.2018 passed in CWJC No. 13292 of 2018 whereby and whereunder the writ petition was disposed of with a direction to the petitioner to move before the Bihar Public Works Contract Disputes Tribunal (hereinafter referred to as the “Tribunal”) within one month for resolution of the disputes, which has arisen between the parties, arising out of the agreement in question.

2. It appears that thereafter, the petitioner had moved the Tribunal by filing a petition bearing Reference Case No. 341 of 2018 on 21.12.2018, however, the learned Tribunal, during the course of hearing of the said reference case, observed that the said reference case is not maintainable in view of the decision rendered by the Hon’ble Apex Court dated 22.03.2018 passed in Civil Appeal No. 3344 of 2018 (State of Bihar & Ors. vs. M/S Brahmaputra Infrastructure Ltd.), paragraphs no.2 to 6 whereof are reproduced herein below:-

“(2) The State is aggrieved by the appointment of arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 (the Central Act) on the ground that the said Act is excluded by the Bihar Public Wo

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