IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.7054 of 2008
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M/s Ajanta Construction Company through its Partner Sri Ram
Choubey, son of late Baswan Choubey, resident of F/175, P.C.
Colony, Kankarbagh, P.S. Kankarbagh, Patna-20, District Patna.
.... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Department of
Public Works, Government of Bihar, Patna
2. The Chairman, Rajya Pul Nirman Nigam Limited, Daroga Rai
Path, Patna
3. Managing Director, Rajya Pul Nirman Nigam Limited, Daroga Rai
Path, Patna
4. Senior Project Manager, Road Division, Rajya Pul Nirman Nigam
Limited, Daroga Rai Path, Patna
… Respondents
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For the Petitioner : Mr. Prafull Chandra Thakur, Advocate
For the State : Mr. Anant Kumar, A.C. to S.C. XI
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04/ 10.03.2011 Heard learned counsel for the petitioner and learned
counsel for the State.
2. This writ petition has been filed by the petitioner
challenging order dated 25.03.2008, by which the Senior Project
Manager, Bihar Rajya Pul Nirman Nigam Limited, Patna (respondent
no.4) rescinded the agreement between the parties dated 20.06.2007
and confiscated the security amount.
3. After some argument, learned counsel for the
petitioner seeks permission to withdraw this writ petition with liberty
to move before the Arbitral Tribunal raising its dispute so that the
matter may be decided as per the specific provisions of law.
4. Accordingly, this writ petition is disposed of as
withdrawn with the aforesaid liberty. However, if an application is
filed by the petitioner before the Arbitral Tribunal within fifteen days
2
from today, the Arbitral Tribunal shall consider and decide the
same on its own merit expeditiously preferably within a period of
four months from the date of filing of the said application.
MPS/ ( S. N. Hussain, J. )