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THE STATE OF BIHAR v. M/S DAYANAND PRASAD SINHA CO.

Supreme Court of India | Diary 10033/2019

Status

ROP - of Main Case

Decided On

01-05-2023

Bench

HON'BLE MR. JUSTICE HRISHIKESH ROY and HON'BLE MR. JUSTICE MANOJ MISRA

Petitioner

THE STATE OF BIHAR

Respondent

M/S DAYANAND PRASAD SINHA CO.

Primary Holding

A State or public authority participating in arbitral proceedings is duty-bound to maintain vigilance and cannot claim condonation of delay in challenging an award by attributing non-communication to its own legal counsel, as departmental authorities bear independent responsibility to act within limitation.

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Full Judgment Text

ITEM NO.45 COURT NO.15 SECTION XVI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 19473/2018 (Arising out of impugned final judgment and order dated 17-11-2017 in CR No. 303/2016 passed by the High Court Of Judicature At Patna) THE STATE OF BIHAR & ORS. Petitioner(s) VERSUS M/S DAYANAND PRD. SINGH AND COMP. Respondent(s) (IA No. 106561/2022 - APPLICATION FOR TAGGING/DETAGGING IA No. 29850/2019 - CONDONATION OF DELAY IN FILING IA No. 29853/2019 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS; IA No. 108524/2019 - EXEMPTION FROM FILING O.T. IA No. 29856/2019 - EXEMPTION FROM FILING O.T.) WITH Diary No(s). 10033/2019 (XVI) (IA No. 106542/2022 - APPLICATION FOR TAGGING/DETAGGING IA No. 56249/2019 - CONDONATION OF DELAY IN FILING IA No. 56250/2019 - EXEMPTION FROM FILING O.T. IA No. 56251/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Diary No(s). 16557/2019 (XVI) (IA No. 106549/2022 - APPLICATION FOR TAGGING/DETAGGING IA No. 84038/2019 - CONDONATION OF DELAY IN FILING IA No. 84039/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT; IA No. 84040/2019 - EXEMPTION FROM FILING O.T. IA No. 84041/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 01-05-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE MANOJ MISRA For Petitioner(s) Mr. Saket Singh, Adv. Mrs. Sangeeta Singh, Adv. Mrs. Niranjana Singh, AOR Mr. Devashish Bharuka, AOR Ms. Sarvshree, Adv. Mr. Shobhit Dwivedi, Adv. For Respondent(s) Mr. Ashim Sood,Adv. Mr. Mayank Pandey, AOR Mr. Ekansh Gupta,Adv. 1

UPON hearing the counsel the Court made the following O R D E R We have heard Mr. Saket Singh, learned counsel appearing for the petitioner-State of Bihar, and also Mr. Ashim Sood, learned counsel appearing for the respondent. The High Court rejected the revision application of the State, challenging the Award of the Arbitral Tribunal, on the ground that the State’s application is barred by limitation as the same has been filed after two years and five months of the Award. Moreover, the limitation period for filing revision to challenge Award is 90 days. By way of explanation for the delayed filing, State’s counsel has referred to the deliberate non-information of the Award by the concerned lawyer to the State and on that basis, it is submitted that the delayed revision application should have been entertained by the High Court. The nature of the explanation and the omnibus blame on the State’s lawyer do not by itself condone the much belated revision. The concerned departmental authorities were expected to be vigilant when it was participating in an arbitral proceeding under Bihar Public Works Contract Disputes Arbitration Tribunal Act, 2008. They cannot escape their responsibility by not challenging the Award within a reasonable time. Significantly the present special leave petitions have also been filed beyond the permitted time limit and those are filed after delay of 90, 393 and 441 days respectively. Considering the above, the special leave petitions are dismissed both on the ground of delay as also on merit. Pending application, if any, shall also stand closed. (MAHABIR SINGH) (KAMLESH RAWAT) ASST. REGISTRAR-CUM-PS ASSISTANT REGISTRAR 2

ITEM NO.40 COURT NO.15 SECTION XVI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s).19473/2018 (Arising out of impugned final judgment and order dated 17-11-2017 in CR No.303/2016 passed by the High Court Of Judicature At Patna) THE STATE OF BIHAR & ORS. Petitioner(s) VERSUS M/S DAYANAND PRD. SINGH AND COMP. Respondent(s) (FOR CONDONATION OF DELAY IN FILING ON IA 29850/2019 FOR CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS ON IA 29853/2019 FOR EXEMPTION FROM FILING O.T. ON IA 29856/2019 FOR EXEMPTION FROM FILING O.T. ON IA 108524/2019 FOR APPLICATION FOR TAGGING/DETAGGING ON IA 106561/2022 IA No. 106561/2022 - APPLICATION FOR TAGGING/DETAGGING IA No. 29850/2019 - CONDONATION OF DELAY IN FILING IA No. 29853/2019 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS IA No. 108524/2019 - EXEMPTION FROM FILING O.T. IA No. 29856/2019 - EXEMPTION FROM FILING O.T.) WITH Diary No(s). 10033/2019 (XVI) IA No. 106542/2022 - APPLICATION FOR TAGGING/DETAGGING IA No. 56249/2019 - CONDONATION OF DELAY IN FILING IA No. 56250/2019 - EXEMPTION FROM FILING O.T. IA No. 56251/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Diary No(s). 16557/2019 (XVI) (FOR CONDONATION OF DELAY IN FILING ON IA 84038/2019 FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 84039/2019 FOR EXEMPTION FROM FILING O.T. ON IA 84040/2019 FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA 84041/2019 FOR APPLICATION FOR TAGGING/DETAGGING ON IA 106549/2022 IA No. 106549/2022 - APPLICATION FOR TAGGING/DETAGGING IA No. 84038/2019 - CONDONATION OF DELAY IN FILING IA No. 84039/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 84040/2019 - EXEMPTION FROM FILING O.T. IA No. 84041/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 13-04-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE MANOJ MISRA For Petitioner(s) Mr. Saket Singh, Adv. Mrs. Sangeeta Singh, Adv. Mrs. Niranjana Singh, AOR Mr. Devashish Bharuka, AOR For Respondent(s) Mr. A. Sood, Adv. Mr. Mayank Pandey, AOR Mr. Ekansh Gupta, Adv. Mr. Ashish Kumar Pandey, Adv. UPON hearing the counsel the Court made the following O R D E R The arguing counsel for the petitioner is reportedly indisposed. The matter is accordingly adjourned on the prayer by two weeks. (DEEPAK JOSHI) (KAMLESH RAWAT) COURT MASTER (SH) ASSISTANT REGISTRAR

ITEM NO.5 COURT NO.2 SECTION XVI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s).19473/2018 (Arising out of impugned final judgment and order dated 17-11-2017 in CR No. 303/2016 passed by the High Court Of Judicature At Patna) THE STATE OF BIHAR & ORS. Petitioner(s) VERSUS M/S DAYANAND PRD. SINGH AND COMPANY Respondent(s) (FOR ADMISSION and I.R. and IA No.29850/2019-CONDONATION OF DELAY IN FILING SLP and IA No.29856/2019-EXEMPTION FROM FILING O.T. and IA No.29853/2019-CONDONATION OF DELAY IN REFILING SLP) WITH SLP(C) No…………….Diary No(s). 10033/2019 (XVI) (With IA No. 56249/2019 - CONDONATION OF DELAY IN FILING SLP and IA No. 56250/2019 - EXEMPTION FROM FILING O.T. and IA No. 56251/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ ANNEXURES) SLP(C) No……………. Diary No(s). 16557/2019 (XVI) (FOR ADMISSION and I.R. and IA No.84038/2019-CONDONATION OF DELAY IN FILING SLP and IA No.84039/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.84040/2019-EXEMPTION FROM FILING O.T. and IA No.84041/2019-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 08-07-2019 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE B.R. GAVAI For Petitioner(s) Mr. Saket Singh, Addl. Standing Counsel Ms. Sangeeta Singh, Adv. Mrs. Niranjana Singh, AOR Mr. Devashish Bharuka, AOR (Addl.SC) Ms. Sarvshree, Adv. Mr. Ravi Bharuka, Adv. Mr. Justine George, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R At the request of learned counsel appearing for the petitioners, list the matters after two weeks to enable him to file an affidavit explaining action that is being taken in regard to the unwarranted delay. Tag with SLP(C) No.21670 of 2017. (SANJAY KUMAR-II) (INDU KUMARI POKHRIYAL) COURT MASTER (SH) ASSISTANT REGISTRAR

ITEM NO.28 COURT NO.2 SECTION XVI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 16557/2019 (Arising out of impugned final judgment and order dated 17-11-2017 in CR No. 301/2016 passed by the High Court Of Judicature At Patna) THE STATE OF BIHAR & ANR. Petitioner(s) VERSUS M/S DAYANAND PRASAD SINHA AND CO. Respondent(s) (FOR ADMISSION and I.R. and IA No.84038/2019-CONDONATION OF DELAY IN FILING and IA No.84039/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.84040/2019-EXEMPTION FROM FILING O.T. and IA No.84041/2019-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date :02-07-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE B.R. GAVAI For Petitioner(s) Mr. Devashish Bharuka, AOR Mr. Ravi Bharuka, Adv. Ms. Sarvshree Singh, Adv. Mr. Justine George, Adv. Mr. Aditya Singala, Adv. Mr. Akshay Amritanshu, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R List on 08.07.2018 along with SLP(C)...D. Nos. 19473/2018 & 10033/2019. [ CHARANJEET KAUR ] [ INDU KUMARI POKHRIYAL ] A.R.-CUM-P.S. ASSTT. REGISTRAR

ITEM NO.16 COURT NO.2 SECTION XVI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 10033/2019 (Arising out of impugned final judgment and order dated 17-11-2017 in CR No. 57/2017 passed by the High Court Of Judicature At Patna) THE STATE OF BIHAR & ORS. Petitioner(s) VERSUS M/S DAYANAND PRASAD SINHA CO. Respondent(s) (WITH APPLN(S). FOR CONDONATION OF DELAY IN FILING SLP, EXEMPTION FROM FILING O.T., PERMISSION TO FILE ADDL. DOCUMENTS/FACTS/ANNEXURES) Date : 26-04-2019 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE S. ABDUL NAZEER For Petitioner(s) Mr. Devashish Bharuka, AOR Mr. Ravi Bharuka, Adv. Ms. Sarvshree Singh, Adv. Mr. Justine George, Adv. Mr. Aditya Singala, adv. Mr. Akshay Amritanshu, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Tag with D.NO. 19473/2018. [ Charanjeet Kaur ] [ SUNIL KUMAR RAJVANSHI ] A.R.-cum-P.S. COURT MASTER

ITEM NO.18 COURT NO.5 SECTION XVI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 10033/2019 (Arising out of impugned final judgment and order dated 17-11-2017 in CR No. 57/2017 passed by the High Court Of Judicature At Patna) THE STATE OF BIHAR & ORS. Petitioner(s) VERSUS M/S DAYANAND PRASAD SINHA & CO. Respondent(s) (FOR ADMISSION and I.R. and IA No.56249/2019-CONDONATION OF DELAY IN FILING and IA No.56250/2019-EXEMPTION FROM FILING O.T. and IA No.56251/2019-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 12-04-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE VINEET SARAN For Petitioner(s) Mr. Devashish Bharuka, AOR Mr. Ravi Bharuka, Adv. Ms. Sarvshree, Adv. Mr. Justine George, Adv. Mr. Aditya Singala, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Let the matter be listed before a Bench presided over by Hon. S.A. Bobde, J. (R. NATARAJAN) (RENU DIWAN) COURT MASTER (SH) ASSISTANT REGISTRAR

ITEM NO.4 COURT NO.3 SECTION XVI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s).19473/2018 (Arising out of impugned final judgment and order dated 17-11-2017 in CR No. 303/2016 passed by the High Court Of Judicature At Patna) THE STATE OF BIHAR & ORS. Petitioner(s) VERSUS M/S DAYANAND PRD. SINGH AND COMP. Respondent(s) (FOR ADMISSION and I.R. and IA No.29850/2019-CONDONATION OF DELAY IN FILING SLP and IA No.29856/2019-EXEMPTION FROM FILING O.T. and IA No.29853/2019-CONDONATION OF DELAY IN REFILING SLP) Date : 05-03-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE DEEPAK GUPTA For Petitioner(s) Mr. Saket Singh, Adv. Ms. Niranjana Singh, Adv. Ms. Sangeeta Singh, Adv. For Mr. M. Shoeb Alam, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R As prayed for, list the matter after two weeks to enable learned counsel appearing for the petitioners to obtain instructions. (SANJAY KUMAR-II) (INDU KUMARI POKHRIYAL) COURT MASTER (SH) ASSISTANT REGISTRAR

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