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2020 Supreme(Jhk) 526

ANIL KUMAR CHOUDHARY
Prerna Construction through its Proprietor Chandra Kishore Choudhary – Appellant
Versus
Power Grid Corporation of India Limited, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Jitendra Shankar Singh.
For the Respondent: Mr. Brij Bihari Sinha.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

1. Heard the parties through video conferencing.

2. This writ application has been filed invoking the jurisdiction of this Court under Article 227 of the Constitution of India with a prayer to set aside the Order dated 28.01.2014 passed by learned Civil Judge (Sr. Division) I, Seraikella in Misc. Arbitration Case No. 05 of 2013 whereby and where under the learned Civil Judge (Sr. Division) I, Seraikella has condoned the delay in filing the Misc. Arbitration Case No. 05 of 2013.

3. The brief facts of the case are that the petitioner was awarded the work of Boulder pitching in switchyard extension area at Power Grid, Jamshedpur Sub-Station. Consequent upon the dispute between the parties, upon the petitioner approaching this Court, sole arbitrator was appointed to adjudicate the matter of dispute. The learned arbitrator passed the award on 31.03.2013, directing the respondents to pay the claimant a total claim of Rs. 14,82,263/-. The respondents filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 in the principal court of Sub Judge, Ranchi and subsequently filed a petition on 22.08.2013 to withdraw the petition and to fi

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