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2025 DAILYLAW 34370 (JHR)

JHARKHAND BIJLI VITRAN NIGAM LTD v. M/S SPML INFRA LTD THROUGH ITS MANAGING DIRECTOR

C.M.P./959/2022 · 2025-11-18

Rajesh Shankar

body2025

Judgment text

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2025:JHHC:34353-DB 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No.959 of 2022 ----- Jharkhand State Electricity Board, now known as Jharkhand Bijli Vitran Nigam Ltd., a company incorporated under the Companies Act, 1956 and 100% shares of the Company is held by His Excellency, the Governor of the State, through the Electrical Executive Engineer (APDRP), Jharkhand Bijli Vitran Nigam Ltd., Nigam Headquarter, Dhurwa, Ranchi. .......... Petitioner. -Versus- M/s. SPML Infra Ltd., through its Managing Director, 22, Carmac Street, Block A, 3rd Floor, Kolkata, West Bengal, having registered office at F-27/2, Okhla Industrial Area, Phase-II, New Delhi. .......... Respondents. ----- CORAM : HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Sachin Kumar, Sr. S.C. For the Respondent: Mr. Indrajit Sinha, Advocate Mr. Ankit Vishal, Advocate ----- Order No.14 Date: 18.11.2025 1. Learned counsel for the petitioner submits that he is under instruction not to press this petition at this stage. 2. Since the Commercial Court is already seized of the application under Section 34 of the Arbitration and Conciliation Act, 1996 (in short “the Act, 1996”), therefore, we are of the considered view that till then so long the application is not decided the Commercial Execution Case No.21 of 2019 cannot be proceeded with unless and until the award attains finality. Therefore, the interim order passed by this Court on 20th December, 2022 shall continue till the disposal of the application under Section 34 of the Act, 1996. 3. Looking to the nature of the dispute, we further deem it appropriate to direct the learned Commercial Court, Ranchi to 2025:JHHC:34353-DB 2 decide the application under Section 34 of the Act, 1996 as expeditiously as possible and preferably by 31st December, 2025. 4. Accordingly, this petition stands disposed of. (Tarlok Singh Chauhan, C.J.) (Rajesh Shankar, J.) 18th November, 2025 Sanjay/Rohit Uploaded on 20.11.2025