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2024 Supreme(Jhk) 60

SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
G. P. T. Infraprojects Limited – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. Debangshu Dinda, Mr. Shadab Iqbal, Mr. Haroon Rasheed, Mr. Anshuman Om, Advocate
For the Respondent:Mr. Mrinal Kanti Roy, Mr. Arnab Chakraborty, Mrs. Khushboo Kataruka, Advocate, Mr. Shubham Kataruka, Advocate, Mr. Md. Aslam, Advocate, Ms. Uzma Sohail, Advocate, Mr. Abhay Shankar, Advocate

JUDGMENT :

Anubha Rawat Choudhary, J.

This Letters Patent Appeal has been filed against the judgment dated 03.03.2016 passed in W.P.(C) No. 6 of 2014 dismissing the writ petition holding that the challenge to the award passed by Jharkhand Micro and Small Enterprises Facilitation Council (hereinafter referred to as “Facilitation Council”) communicated through memo no. 3342 dated 12.12.2013 should not be entertained in a proceeding under Article 226 of the Constitution of India. However, a liberty has been reserved with the appellant no.1 namely M/s. G.P.T. Infraprojects Limited (hereinafter referred to as “the buyer”) to avail the statutory remedy available under law. While dismissing the writ petition, the learned writ Court has also observed that the buyer is also under an obligation to make deposit of 75% of the awarded amount before his application under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act of 1996”) is entertained by the concerned Court.

2. The writ petition was filed for quashing of the impugned order/award dated 12.12.

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