STATE OF BIHAR Vs. BHAIBHAW CONSTRUCTION PVT. LTD.

JUDGEMENT

(1.) Heard Mr. Binod Kumar, learned AC to GP-10 for the appellant-State and Mr. Nand Kishore Singh, learned counsel appearing for the respondent.

(2.) This appeal purportedly filed by invoking the provisions of Section 37(1)(b) of the Arbitration Act in fact depicts a thoroughly confused state of affairs prevailing in the State in so far as pursuing the legal course is concerned because the appeal was filed as an appeal against the original decree but somewhere down the line, the pleadings were modified to change the nomenclature of the appeal as Misc. Appeal under section 37(1)(b) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act'). Patna High Court MA No.272 of 2015 dt.18-01-2019

(3.) The pleadings on record would confirm that an Arbitral Award was passed by the sole Arbitrator appointed by this Court on 4.6.2005. This Award was challenged by the State through the Assistant Engineer by filing a Title Suit in the court of Sub Judge I, Gopalganj giving rise to T.S.No. 427/2005. It is under the orders of this Court that the lower court records have been received and the copy of the plaint nowhere indicates that the suit was filed by invoking the provisions of Section 34 of 'the Act' rather a reading of the pleadings would confirm that it is a suit simplicitor filed for declaring the award non est by setting it aside. The prayer for temporary injunction until disposal of the suit was also made.