M/S Topline Infra Projects Pvt. Ltd. v. The Bihar Medical Services And Infrastructure Corporation Ltd. And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3268 of 2019 ====================================================== M/s Topline Infra Projects Pvt. Ltd. having its place of business at Ambedkar Chowk, Mirchai Bari, Katihar through its authorized signatory namely Ashok Kumar Coudhary alias Ashok Choudhary male aged about 46 years son of Late Shambhu Nath Choudhary resident of Purani Bazar,Ward No. 13, Madhepura- 852113.
... ... Petitioner
Versus
1.
The Bihar Medical Services and Infrastructure Corporation Ltd. having its registered office at the fourth floor, BS BCCL, Hospital Road, Shastri Nagar, Patna- 23 through its Managing Director.
2.
The Managing Director, Bihar Medical Services and Infrastructure Corporation Ltd. Having its Office at fourth floor, BSBCCL, Hospital Road, Shastri Nagar, Patna- 23.
3.
The Chief General Manager, Bihar Medical Services and Infrastructure Corporation Ltd. Having its office at fourth floor, BSBCCL, Hospital Road, Shastri Nagar, Patna- 23.
4.
The General Manager (Project and Design), Bihar Medical Services and Infrastructure Corporation Ltd. Having its office at fourth floor, BSBCCL, Hospital Road, Shastri Nagar, Patna-23.
5.
The Deputy General Manager (Projects) Bihar Medical Services and Infrastructure Corporation Ltd. Having its office at fourth floor, BSBCCL, Hospital Road, Shastri Nagar, Patna- 23.
6.
The Manager (Projects) Bihar Medical Services and Infrastructure Corporation Ltd. Having its office at fourth floor, BS BCCL, Hospital Road, Shastri Nagar, Patna- 23.
... ... Respondents ====================================================== Appearance :
For the Petitioner/s :
Mr.Gautam Kumar Kejriwal, Advocate For the Resp. no. 2 to 6 :
Mr.Vikas Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-06-2019 Petitioner, in the present case, is seeking a direction to the respondents to make payment of the bill amount of Rs. 7,956,499.91 allegedly due to the petitioner which according to him is pending without any reasonable
Patna High Court CWJC No.3268 of 2019(2) dt.26-06-2019 2/3 cause.
Mr. Vikash Kumar, learned counsel is appearing on behalf of the respondent Bihar Medical Services and Infrastructure Corporation Ltd. Learned counsel submits that for the present he has no instruction on the merit of the contentions of the petitioner, however if the bills are found to be pending, the representation filed by the petitioner as contained in Annexure '8' series to the writ application may be looked into and considered by the Managing Director of the respondent No. 1 the Bihar Medical Services and Infrastructure Corporation Ltd.
In the given facts and circumstances of the case without going into the merit of the contentions raised on behalf of the petitioner, this court is disposing of the Writ Application with a direction to the Managing Director (Respondent no. 2) to look into the grievance of the petitioner, consider Annexure '8' series to the writ application and take an appropriate decision thereon on the basis of the materials available on the record. In case, any amount is found payable to the petitioner, the same would be made available to the petitioner within a period of three
Patna High Court CWJC No.3268 of 2019(2) dt.26-06-2019 3/3 months from the date of receipt/production of a copy of this order. If any of the claims of the petitioner is not payable, the reasons thereof shall be provided to the petitioner within the same period.
(Rajeev Ranjan Prasad, J) Rajeev/- U