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2020 Supreme(Pat) 416

MOHIT KUMAR SHAH
State of Bihar through The Principal Secretary, Sugarcane Cane Industry Department – Appellant
Versus
Bihar State Sugarcane Corporation Ltd. – Respondent


Advocates Appeared:
For the Petitioners: Md. Zakir Haidar, Adv., Mr. P.K. Sahi, Sr. Adv., Mr. Girijish Kumar, Adv., Mr. Vikas Kumar, Adv.
For the State : Mr. Kinkar Kumar, SC-9, Ms. Deepika Sharma, AC to SC-9, Mr. Prashant Pratap, GP-2.
For the UOI : Mr. Rajesh Kumar Verma, ASG (in both).
For the BSSCL : Mr. Gyan Shankar, Adv. (in both).

JUDGMENT :

Heard Sri P.K. Sahi, Senior Advocate, assisted by Sri Girijish Kumar and Sri Vikas Kumar, Advocates, appearing for the petitioners in CWJC No. 23934 of 2018, Sri Prashant Pratap (GP-2), appearing for the State, Sri Rajesh Kumar Verma, Assistant Solicitor General, appearing for the Union of India and Sri Gyan Shankar, appearing for the Bihar State Sugar Corporation Ltd., apart from other Ld. Counsels, appearing in CWJC No. 14355 of 2019, whose appearance has been noted above.

2. The petitioner of the first case i.e. CWJC No. 14355 of 2019 is the State of Bihar, which has challenged the order dated 26.03.2019 (Annexure3) and the order dated 08.05.2019 (Annexure-4) passed by the learned sole Arbitrator in Arbitration Case No. 34 of 2018. By the impugned orders, the learned Arbitrator has fixed his fee to the tune of Rs. 31,83,125/- for consideration and adjudication of the counter claim of the State of Bihar and has also dismissed the review petition filed by the State of Bihar. The petitioners of the first case has also prayed for directing the learned Arbitrator to char

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