As such, 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 Patna High Court REQ. CASE No.67 of 2023 dt.07-10-2023 3/3 agreement entered into between the parties to the lis.

Admittedly, the petitioner did not make an application for refund within the period provided. The reason stated for the application not having been filed is a dispute with the party respondent. We are not satisfied that the reason stated is reasonable nor can the limitation be extended under Section 54(1).

Learned counsel for the petitioner also submits that more than 20 per cent of the demand is paid. If the petitioner has paid 20 per cent of the demand over and above 10 per cent paid at the first appellate stage, then there shall be stay of the recovery till the Tribunal is constituted and if the appeal is filed within the stipulated period, then there shall be stay of the recovery till the disposal of the appeal.

In such circumstance, the request case is not maintainable. The same shall stand dismissed, leaving open the remedy of the petitioner to approach the Council, Indian Roads Congress.

Annexure-4 is set aside for enabling the applicant to file a proper delay condo nation application which shall be entertained only on payment of cost. If the cost is not paid and the application is not filed within a period of three weeks from today then Annexure-4 will revive and operate against the petitioner.