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2023 Supreme(Pat) 352

P. B. BAJANTHRI, ARUN KUMAR JHA
South Bihar Power Distribution Company Ltd. – Appellant
Versus
Bhagalpur Electricity Distribution Company Pvt. Ltd. – Respondent


Advocates:
For the Petitioners: M/s Umesh Prasad Singh, Sr. Adv., Kumar Manish, Anand K. Ojha, Vaibhava Veer Shanker (in 20350, 147, 635, 638); Pranav Kumar (in 13762); Ashish Giri (in 5).
For the Resp. No. 2 : Mr. Ashish Giri (in 20350, 147, 13762, 635, 638)
For the Respondents: M/s Umesh Prasad Singh, Sr. Adv., Kumar Manish, Anand K. Ojha, Vaibhava Veer Shanker (in 13762, 5).

Arun Kumar Jha, J.—In these bunch of cases, the issues are common and interrelated, as such, all have been heard together and are being disposed of by this common judgment. The reliefs sought by the petitioners are as under :

2. In CWJC No. 20350 of 2021 (South Bihar Power Distribution Company Limited vs. Bhagalpur Electricity Company Private Limited)

This petition has been filed by the South Bihar Power Distribution Company Limited (SBPDCL) under Article 227 of the Constitution of India. In the instant petition, petitioner has prayed for the following reliefs:—

"(I) To quash and cancel the Judgment/order dated 25.09.2021 passed by Sri Sunit Datta Mishra in Arbitration case no. 1 of 2017 the learned District Judge being the Principal Civil Court within the meaning of Section 2(e) of Arbitration and Conciliation Act, 1996 and a Commercial Court notified in accordance with Section 3 of the Commercial Court, Commercial Division and Commercial Appellate Division of High Courts Act, 2015;

(II) To issue other interim and final order or orders, direction or directions, writ or writs as this Hon'ble Court may deem fit proper in the facts and circumstances of this case;"

3. Request Case No. 147

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