All pleas and issues raised, on merits, are left open to be considered and decided by the learned Arbitrator. The learned Arbitrator shall be entitled to a fee as Patna High Court REQ. CASE No.99 of 2022 dt.26-07-2023 3/3 per the schedule of the Act. Since the dispute arises out of an agreement of the year 2011, the hearing be expedited. The issue of limitation, if any, is left open to be raised before the Arbitral Tribunal.

HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date: 26-07-2023 The memorandum of the petition refers to Respondent Nos. 6, 7 and 8. However, there are no respondents impleaded as Respondent Nos. 6, 7, and 8. Those who are impleaded are Patna High Court REQ. CASE No.33 of 2021 dt.26-07-2023 2/2 only up to Respondent No. 5 and Respondent Nos. 2, 4 and 5 have been deleted. The request case is closed leaving open the remedy of the petitioner to file a fresh Request Case.

For issuance of a writ in the nature of mandamus directing and commanding the respondent authorities not to proceed ahead with the tender process by opening a financial bid till the disposal of the instant writ application.

The consequence of breach thereof, including initiation of proceedings for contempt having violated the undertaking Patna High Court CWJC No.3815 of 2023 dt.25-07-2023 6/7 furnished before this Court stands explained to the petitioner through the learned counsel.

A perusal of the order, it is evident that the petitioner has not been heard before impugned action has been taken by the respondents. On this short ground, the petitioner has made out a case. Hence, Annexure - 2 dated 07.07.2023 stands set aside reserving liberty to the concerned authority to proceed in accordance with law after giving ample opportunity of hearing of notice.