M/S.Ajanta Construction Co. vs State Of Jharkhand & Anr. on 27 June, 2011

           IN THE HIGH COURT OF JHARKHAND AT RANCHI

                        W.P.(C) No. 6832 of 2007

           M/s. Ajanta Construction Company        ...     ....Petitioner

                               Vs.
           1.The State of Jharkhand
           2. Executive Engineer, Kharkai Canal Division, Swarn Rekha
              Project, Chaibasa ...        ....  ....Respondents

CORAM:     HON'BLE MR. JUSTICE PRASHANT KUMAR

           For the Petitioner:       Mr. Dinesh Choudhary
           For the Respondents:      S.C. L&C


10/27.06.2011

: This writ application has been directed against the
judgment dated 20.09.2007 passed by Sub-Judge First, Chaibasa in
Misc. Case No. 4 of 2006 by which he remanded the case and directed
the Arbitrator to re-consider the counter claim of State vis-a-vis claim
of opposite party and pass a fresh award after hearing both the
parties.

It appears that the aforesaid order has been passed under
Arbitration Act 1940. As per section 39 of the aforesaid Act, the order
given by learned Sub- Judge comes within the purview of section 39 of
the Act and therefore the said order is appealable.

Thus, in my view, this writ application is not maintainable.
Accordingly, this writ application is dismissed.

( Prashant Kumar,J.)

Sharda/-