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2026 Supreme(Online)(Pat) 3905

PATNA HIGH COURT
RAJEEV RANJAN PRASAD, PRAVEEN KUMAR, JJ
The Bihar State Food and Civil Supplies Corporation Ltd. – Appellant
Versus
Piyus Kumar – Respondent
COMMERCIAL APPEAL No. 7 of 2025|COMMERCIAL APPEAL No. 8 of 2025|COMMERCIAL APPEAL No. 9 of 2025|COMMERCIAL APPEAL No. 10 of 2025



Advocates:
For the Appellants/Petitioners:Mr. P. K. Shahi, Sr. Advocate, Mr.Shailendra Kumar Singh, Advocate
For the Respondents:Mr. Prashant Kumar, Advocate, Mr. Manish Prakash, Advocate, Mr. Kumar Shanu, Advocate, Mr. Shubham, Advocate

The court underlines the necessity to review arbitral records for fair proceedings and maintains the interim order during ongoing appeals.

Headnote:The judgment addresses the appeals concerning additional awards issued in relation to Arbitration Cases under the Arbitration and Conciliation Act, 1996. The court emphasizes the need to review tribunal records for an effective hearing and upholds the interim status until final decisions are made, as detailed in paragraphs 2-10. Chief issues considered include the proper notification and awareness of the proceedings among involved parties, thereby shaping the court’s deliberations on procedural fairness and legal representation. The court ultimately resolves to maintain existing interim orders pending further hearings, reflecting its commitment to due process as enshrined in the governing arbitration statutes.

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

10 28-01-2026 These matters have been heard today at length.

2. In course of hearing of these appeals, it transpired that perusal of the records of the Arbitral Tribunal would be required for properly appreciating the entire matters.

3. A copy of an additional award dated 13th November, 2020 has been produced in connection with Arbitration Case No.07 of 2019 arising out of Request Case No.65 of 2019. This additional award has been passed on an application under Section 33 of the Arbitration and Conciliation Act, 1996 filed on behalf of the claimant.

4. When Mr. Shailendra Kumar Singh, learned counsel for the Corporation was confronted with this additional award dated 13th November, 2020, he has submitted that he is not aware of this additional award as it appears to have been passed without any notice to the Corporation.

5. The submission of Mr. Shailendra Kumar Singh, learned counsel for the Corporation has been opposed by Mr. Prashant Kumar, learned counsel for the claimant as, according to him, this additional award is the subject matter of execution and the learned counsel for the Corporation is well aware of the execution case.

6. Let the entire records of the learned Arbitral Tribunal in connection with Arbitration Case No. 07 of 2019 arising out of Request Case No.65 of 2019, Arbitration Case No.08 of 2019 arising out of Request Case No.66 of 2019, Arbitration Case No.04 of 2019 arising out of Request Case No.62 of 2019 and Arbitration Case No.05 of 2019 arising out of Request Case No.63 of 2019 be placed before this Court.

7. This Court has been informed that the entire records of the Arbitral Tribunal are available in this Court.

8. List these matters for further hearing on 2nd of February, 2026 under the same heading maintaining their position.

9. Learned counsel for the respondent-claimant submits that the interim order passed in these appeals be vacated.

10. This Court is of the considered opinion that when the appeals are being heard for final decision and the matter has already been taken up with urgency to decide the same, no order need be passed.

(Rajeev Ranjan Prasad, J)

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