The State Of Bihar vs. Aditya Multicon Private Limited
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Order Issued After Hearing
Purpose:
After Week/Month/Vacation
Before:
Hon'ble Abhay S. Oka, Hon'ble Ujjal Bhuyan
Stage:
AFTER NOTICE (FOR ADMISSION) - CIVIL CASES
Remarks:
Leave Granted & Allowed
Listed On:
4 Feb 2025
In:
Judge
Category:
UNKNOWN
Interlocutory Applications:
126723/2022, 126724/2022, 126724/2022, 126724/2022, 126725/2022, 137750/2022, 137750/2022,
Original Order Copy
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Order Text
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.4753 OF 2025 (Arising out of S.L.P.(Civil) No.14845 of 2022)
THE STATE OF BIHAR & ORS. ... APPELLANT(S)
VS.
ADITYA MULTICOM PVT. LTD. ... RESPONDENT(S)
WITH
CIVIL APPEAL NO.4754 OF 2025 (Arising out of S.L.P.(Civil) No.9324 of 2025 @ Diary No.21895 of 2022)
CIVIL APPEAL NO.4755 OF 2025 (Arising out of S.L.P.(Civil) No.9325 of 2025 @ Diary No.21886 of 2022)
O R D E R
Delay condoned.
Leave granted.
Digitally signed by ANITA MALHOTRA Date: 2025.04.07 18:32:03 IST Reason:
Signature Not Verified
Heard the learned counsel appearing for the parties.
The learned counsel appearing for the respondents states that in view of the order passed by the Arbitral Tribunal under Section 16 of the Arbitration and Conciliation Act, 1996 in similar proceedings, the impugned orders may be set aside by keeping open the remedy of the respondents to file a Civil Suit.
Accordingly, the appeals are allowed. The impugned order dated 22nd June, 2022 passed by the High Court of Judicature at Patna is set aside.
However, it will be always open for the respondents to file a Civil Suit. All contentions of the parties in that behalf are left open.
..........................J. (ABHAY S.OKA)
..........................J. (UJJAL BHUYAN)
NEW DELHI; April 02, 2025
ITEM NO.26 COURT NO.4 SECTION XVI
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 14845/2022
[Arising out of impugned judgment and order dated 22-06-2022 in RC No. 37/2022 passed by the High Court of Judicature at Patna]
THE STATE OF BIHAR & ORS. Petitioner(s)
VERSUS
ADITYA MULTICOM PVT. LTD. Respondent(s)
(IA No. 121607/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 121608/2022 - EXEMPTION FROM FILING O.T.)
WITH Diary No(s). 21895/2022 (IA No. 130899/2022 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS IA No. 130900/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 130901/2022 - EXEMPTION FROM FILING O.T. IA No. 137738/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
Diary No(s). 21886/2022 (IA No. 126724/2022 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS IA No. 126723/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 126725/2022 - EXEMPTION FROM FILING O.T. IA No. 137750/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
Date : 02-04-2025 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN
For Petitioner(s) : Mr. Rishi K.Awasthi,Adv. Mr. Santosh Kumar - I, AOR For Respondent(s) :
Mr. Pankaj Bhagat, AOR
3
UPON hearing the counsel the Court made the following O R D E R
Leave granted.
The appeals are allowed in terms of the signed order.
Pending applications also stand disposed of.
(ANITA MALHOTRA) (AVGV RAMU) AR-CUM-PS COURT MASTER (Signed order is placed on the file.)