MOHIT KUMAR SHAH
Kamladitya Construction Pvt. Ltd. – Appellant
Versus
State of Bihar – Respondent
MOHIT KUMAR SHAH, J.:–The present review petition has been filed seeking review of the order dated 04.10.2018 passed in CWJC No. 19802 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. 313 of 2018 on 01.11.2018, 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 Bih
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