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Patna High CourtCWJC/4896/2020disposed

M/S Tecsol Sierra Engineering And Construction Llp v. The State Of Bihar

2022-07-21The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4896 of 2020 ====================================================== M/s TECSOL SIERRA Engineering and Construction LLP 187, 1st Main, 1st Cross, Lower Palace Orchards Bangalore-560003 through authorized signatory A.C. Dhanashankar, aged about 56 years, Son of Late B.S. Channappa, permanent resident of 187-1st Main, 1st Cross, Lower Palace Orchid, Sadashivanagar, Police Station-Vyalikaval, District-Bangalore, StateKarnataka and present resident of Flat No. 203, Nagina Shanti Vatika, Sharma Path, Rukanpura, Police Station-Rupaspur, District-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Energy Department, New Secretariat, Government of Bihar, Patna.

2.

The Principal Secretary, Energy Department, New Secretariat, Government of Bihar, Patna.

3.

The Bihar State Hydroelectric Corporation Ltd. a Government of Bihar Enterprises through its Managing Director having its office at 2nd Floor, Sone Bhawan, Patna.

4.

The Managing Director, Bihar State Hydroelectric Corporation Ltd a Government of Bihar Enterprises having its office at 2nd Floor, Sone Bhawan, Patna.

5.

The Chief Engineer (Electrical) Bihar State Hydroelectric Corporation Ltd. a Government of Bihar Enterprises having its office at 2nd Floor, Sone Bhawan, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Shekhar, Advocate For the Respondent/s :

Mr.Subash Prasad Singh, GA-3 For BSHCL Mr. Anish Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 21-07-2022 Petitioner has prayed for the following relief(s): "(i) To issue a Writ in the nature of

Patna High Court CWJC No.4896 of 2020(2) dt.21-07-2022 2/3 Mandamus commanding the respondents to make payment of total sum of Rs.19,845,261 as mentioned Rs.1,33,28,652/-in Table 2(A) and Rs.65,16,609/- as mentioned in Table 2(B), along with statutory interest to the petitioner company forthwith and without any further delay as in terms of the letter dated 07.09.2019 issued by Indian Institute of Technology, Roorkee addressed to the Managing Director, Bihar State Hydroelectric Power Corporation Limited as the Corporation has paid entire amount as mentioned in Table 2(C) but the Corporation is not making payment to the petitioner company of the amount mentioned in Table 2(A) and Table 2(B) till this date for unknown reasons.

(ii) To any other relief or reliefs to which the petitioner company is entitled in the facts and circumstances of the case."

After the matter was heard for some time, finding the Court not in favour of the submissions made by the learned counsel for the petitioner, learned counsel for the petitioner, under instructions, states that the petitioner shall be content if the present petition is disposed of with liberty to initiate appropriate proceedings before the appropriate forum and to take recourse to such other alternate remedies which are equally efficacious in law.

The petition is disposed of with the liberty

Patna High Court CWJC No.4896 of 2020(2) dt.21-07-2022 3/3 aforesaid.

Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/DKS U