R V Solutions Private Limited v. The State Of Bihar And ORS

Patna High Court CWJC No.14572 of 2017 dt.08-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14572 of 2017 =========================================================== R V Solutions Private Limited, D-29, Sector- 2, Noida (Uttar Pradesh) through Neeraj Agrawal, Son of Late S.K. Agrawal, Resident of B-1, Bandhu Vihar Apartment, Plot No. 11, Sector- 10, P.S.- Dwarka South, Sector- 09, DistrictDelhi. .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

2. The Special Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

3. The District Magistrate, Sasaram at Rohtas.

4. The Executive Officer, Nagar Parishad, Sasasram, District- Rohtas. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Sanjeev Nikesh, Advocate For the Resp. Nagar Parishad : Mr. Vijay Shankar Upadhyaya, Adv. For the State : Mr. Kinkar Kumar, SC 9 Mr. Rakesh Kr. Sharma, AC to SC 9 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 08-11-2017 Heard learned counsel for the petitioner and learned Counsel for the State.

2. The present writ petition has been filed for a direction to the respondents to make payment of the balance amount of Rs. 2,84,12,082/- claimed by the petitioner to be due to it pursuant to work having been completed in terms of the tender awarded in favour of the petitioner company.

3. It is submitted on behalf of the petitioner that despite being entitled to the amount as claimed by the petitioner, only partial payment has been made, leaving a considerable amount of Rs. 2,84,12,082/- outstanding to be paid.

4. In the above view of the matter, this writ petition is

Patna High Court CWJC No.14572 of 2017 dt.08-11-2017 disposed of with consent of the petitioner, granting liberty to approach the Executive Officer, Nagar Parishad, Sasaram, District Rohtas (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.

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

Uploading Date 09.11.2017 Transmission Date N.A.