M/S Eleco Construction Pvt. Ltd. v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11558 of 2017 =========================================================== M/s Eleco Construction Pvt. Ltd., having registered office at Sri Krishna Nagar P.O. & P.S. Begusarai District Begusarai through its Director Rabindar Kumar Chaudhary.

.... .... Petitioner

Versus

1. The Union of India through the General Manager, E.C. Railway at & P.O. Hajipur Distt. Vaishali.

2. The FA & CAO, E.C. Railway at & P.O. Mahendrughat, District- Patna.

3. The Divisional Engineer II, E.C. Railway, At & P.O. Danapur Distt. Patna.

4. The Divisional Manager, E.C. Railway, At & P.O. Danapur Distt. Patna. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Nand Kishore Singh Mr. Jitendra Kumar, Advocates.

For the Respondents : Mr. Bindhyachal Singh, Mr. Manish Prakash, Advocates.

=========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 27-11-2017 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been taken up out of turn on the request of learned counsel for the petitioner for disposal of the same with a direction to the respondents to pay the admitted dues of the petitioner.

3. Learned counsel for the petitioner submits that pursuant to a contract entered into between the respondent-Railway, the petitioner completed the work in question against which final bill for Rs. 4,41,725/- has not been paid. The security amount has not yet been refunded.

4. Learned counsel for the respondents appears and has been heard.

5. Having regard to the nature of the grievances of the

Patna High Court CWJC No.11558 of 2017 dt.27-11-2017 2/2 petitioner and with consent of the parties this writ petition is disposed of, granting liberty to the petitioner to approach the Divisional Manager, E.C Railway, Danapur, Patna (Respondent No. 4) with a fresh representation for redressal of its grievances. If any such representation is filed within a period of two weeks from today, the same shall be considered and disposed of, ensuring payment to the extent found due to the petitioner, within a period of six weeks from the date of receiving the petitioner's representation. Any delay in payment of the admitted amount beyond the stipulated period as stated above, shall entitle the petitioner to receive payment together with simple interest at the rate of 6% per annum on the admitted dues calculated from the date when the amount became due till the date of its actual payment. In case the petitioner's claim is found inadmissible, whether in whole or in part, the petitioner's representation shall be disposed of by a speaking order in that regard.

6. It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioner. (Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 29.11.2017 Transmission Date N.A.