M/s Koshi Rice Mill, Sour Bazar, Saharsa v. The General Manager, Food Corporation of India, Exhibited Road, Patna
Case at a glance
- Bench
- P B BAJANTHRI, S B SINGH
Provisions considered
Key paragraphs
- Para 44. Learned counsel for the Appellant has also not apprised this Court what is the error committed by the learned Single Judge it its order dated 13.12.2019 passed in C.W.J.C. Patna High Court L.P.A No.1669 of 2019 dt.25-04-2025 No. 25070 of 2019. Resultantly, L.P.A. No.…
Judgment
The General Manager, Food Corporation of India, Exhibited Road, Patna.
Assistant General Manager, Food Corporation of India, Exhibition Road, Patna. The Godown in-Charge, FCI, Saharsa. The Bihar State Food and Civil Supply Corporation through its Managing Director, Patna. The District Manager, State Food and Civil Supply Corporation Limited, Saharsa. Certificate Officer, Saharsa. The State of Bihar through D.M. Saharsa.
... ... Respondents ====================================================== Appearance : For the Appellant/s For the FCI : :
Mr. Binod Kumar, Advocate Mr. Amiya Kunal, Advocate Ms. Vijeta Kumari, Advocate Mr. Vishwambhar Prasad, AC to AAG-5 : For the Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 25-04-2025 The Appellant has assailed the order of the learned Single Judge dated 13.12.2019 passed in C.W.J.C. No. 25070 of
2. The Appellant has suffered an order under the Patna High Court L.P.A No.1669 of 2019 dt.25-04-2025 Bihar and Orissa Public Demands Recovery Act, 1914 for recovery of a debt of Rs. 2,20,44,577/-. The learned Single Judge has taken note of statutory provision that Appellant has not exhausted statutory remedy under Section 60 of the Act, 1914 insofar as preferring appeal. Further, it was observed that there must be agreement among the Appellant and Bihar State Food and Civil Supply Corporation (for short Corporation) and in the such agreement, there may be arbitration clause, if such clause is reflected in the agreement, in that event, Appellant has a remedy under Section 40 or 41 of the Arbitration and Conciliation Act, 1996.
Feeling aggrieved by the order of the learned Single Judge, Appellant has presented this L.P.A. During the pendency of the present L.P.A. Appellant is stated to have invoked remedy under Arbitration and Conciliation Act insofar as filing some request case. Thereafter, certain development has taken place. In the light of later developments insofar as invoking remedy under Arbitration and Conciliation Act, the present L.P.A. do not survive for consideration.
Learned counsel for the Appellant has also not apprised this Court what is the error committed by the learned Single Judge it its order dated 13.12.2019 passed in C.W.J.C. Patna High Court L.P.A No.1669 of 2019 dt.25-04-2025 No. 25070 of 2019. Resultantly, L.P.A. No. 1669 of 2019 stands dismissed. (P. B. Bajanthri, J) ( S. B. Pd. Singh, J) manish/- AFR/NAFR CAV DATE Uploading Date Transmission Date NAFR NA 30.04.2025 NA
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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