IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8407 of 2008 M/S BHAWANI CONSTRUCTION & CO. Versus THE STATE OF BIHAR & ORS ----------- 4 24.6.2009 The petitioner and the Bihar State Construction Corporation were granted certain anti erosion work along with the river Ganges in the district of Katihar. Some agreements were entered also into between the petitioner and the Water Resources Department (Irrigation), Government of Bihar, Patna. The case of the petitioner is that he did not get due payment of the work executed by him. Even a notice for arbitration under Arbitration Clause was not acceded to. As such he filed a request case being Request Case No.23 of 2003 and this Court appointed an arbitrator. Finally the Arbitrator by his award dated 6.4.2005 upheld the claim of the petitioner of the amount of Rs.14.97 lacs. This has also been proposed by the Chief Engineer, Water Resources Department, Purnia, vide his Patrank No.1800 dated 27.7.1999. The respondent filed a Misc. Case No.9/05 for setting aside the award under the provisions of Section 34 of the Arbitration and Conciliation Act, 1996 which was dismissed by Sub- Judge 1st.., Katihar. The learned counsel submits that now he has filed an appeal against the aforesaid order passed in Misc.Case No.9/05 passed. As the appeal has been filed belatedly and arbitration 2 award has been passed in favour of the petitioner, I find no reason for withholding the aforesaid payment till the decision of the appeal. The work was completed long back and even the Chief Engineer has assessed the dues of the petitioner to the tune of Rs.14.75 lacs. In the aforesaid circumstance, this Court directs the respondent concerned to pay the admitted dues as ordered in the arbitration proceeding within three months from the date of receipt/production of a copy of this order. It is also made clear that in case the respondent concerned succeeds in the aforesaid appeal against the petitioner the latter would be liable to repay the amount. With the aforesaid direction this application is allowed to the extent mentioned above. Anilkrsinha (Samarendra Pratap Singh, J.)