The petitioner shall appear before the Appellate Authority on 09.11.2023. The Appellate Authority or its office shall fix a date of hearing on the said date, with due acknowledgment taken from the appellant; if the date of hearing is issued from the office, proceed with the hearing on the date fixed and dispose of the appeal on merits within three months from the date of last hearing. We also direct the petitioner to cooperate in the hearing of the appeal and even if there is absence of the appellant or his authorized representative on the date of hearing, the Appellate Authority shall consider the appeal on merits and pass a speaking order.

The petitioner cannot be deprived of the benefit, due to non- constitution of the Tribunal by the respondents themselves. The recovery of balance amount, and any steps that may have been taken in this regard will thus be deemed to be stayed. It is not in dispute that similar relief has been granted by this Court in the case of SAJ Food Products Pvt. Ltd. vs. The State of Bihar & Others in C.W.J.C. No. 15465 of 2022.

It goes without saying that pending bills of the respondent no.9, if any, pursuant to re-tender no.15/SBD/2022-23 and work order dated 06.02.2023 be paid to him by the concerned authorities, as the respondent no. 9 has taken a plea in its counter affidavit that the bills amounting to Rs.8.50 crores for the work done by him have already been submitted for its payment before the concerned authority.

The dismissal of the present petition would not be a hurdle for the petitioner to invoke appropriate remedy, which is available to him.

In such circumstances, as agreed by the parties, Hon'ble Mr. Justice Shyam Kishore Sharma, a former Judge of the Patna High Court, is appointed as learned Arbitrator to adjudicate all disputes arising out of the agreement entered into between the parties to the lis.