Sagarmal Agarwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.794 of 2022 In Civil Writ Jurisdiction Case No.12773 of 2021 ====================================================== Sagarmal Agarwal S/o Late Dulichand Agarwal, R/o.- R.K. Mission Road, P.O. and P.S.- Katihar, District- Katihar, Proprietor of Bhopalika Trading Agency, M.G. Road, P.O., P.S and District- Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary Education Department, Government of Bihar, Patna.

2.

The Purnea University through its Registrar Dr. R.N. Ojha Purnea University, Purnea.

3.

Professor. R.N. Yadava the Vice Chancellor Purnea University, Purnea. 4.

Dr. R.N. Ojha the Registrar Purnea University, Purnea. 5.

Arvind Kumar Mishra, the Chief Accounts Officer, Purnea University, Purnea.

6.

The Sub- Divisional Government, Degree College, Dhamdaha, Purnea Through its Principal Dr. Shyam Kumar (Prof. In- Charge). 7.

Dr. Shyam Kumar (Prof. In- Charge) The Principal Sub- Divisional Govt. Degree College, Dhamdaha, Purnea.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Kameshwar Kumar Gupta, GP 17 For the University :

Mr. Rakesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 29-11-2023 The present MJC-contempt petition is filed for noncompliance of the order dated 12.01.2022 passed in CWJC No. 17733 of 2021. The overall grievance of the petitioner is that he is stated to have supplied furniture and allied items in the year 2019 and it was not paid to him by the respondents. The

Patna High Court MJC No.794 of 2022(3) dt.29-11-2023 2/3 amount was due to the petitioner and to be paid in the month of November, 2019 with reference to the order for supply dated 19.10.2019 read with the supply of furniture and other allied items.

2. According to the respondents, they have calculated and determined that petitioner is entitled for a sum of Rs. 19,99,448/- in the year 2022 as claimed by the petitioner. However, it is reliably learnt that respondents have not settled even the determined amount of Rs. 19,99,448/- in full. On the other hand, it is stated that they have paid a sum of Rs. 15 Lakhs and odd. Therefore, the concerned respondent is hereby directed to pay the entire determined amount of Rs. 19,99,448/-. They are hereby directed to pay simple interest @ 6% per annum on the determined amount. The balance amount as well as interest shall be paid within a period of three months from today. If the balance principal amount is already paid in that event they must apprise to the petitioner about details of such payment.

Insofar as disputed amount is concerned, the petitioner is at liberty to apprise the concerned authority by submitting detailed representation read with the supplying the furniture and allied items under order No. GDCD-59/19 dated 19.10.

Patna High Court MJC No.794 of 2022(3) dt.29-11-2023 3/3 committed or agreed insofar as payment of Rs. 20,11,714/- in that event respondents are bound by their own commitment. Still if there are any shorty supply in that event if the respondents have deducted certain amount in that regard the concerned respondent is hereby directed to take note of and apprise the petitioner while passing a detailed speaking order. The above exercise shall be completed within a period of three months from the date of receipt of this order.

3. With the above observations, the proceeding of present MJC-contempt petition stands dropped. (P. B. Bajanthri, J) ( Ramesh Chand Malviya, J) abhishekkr/- U