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Patna High CourtMJC/2743/2018dismissed

Maa Durga Printers And ANR v. The State Of Bihar Through Sri Pankaj Kumar, I A S, Secretary, Department Of Food And Civil Supply,

2024-02-01Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2743 of 2018 In Civil Writ Jurisdiction Case No.10487 of 2017 ====================================================== Maa Durga Printers, Club Road, Sri Krishna Nagar, Aurangabad through Shiv Prakash Pandey, S/o Late Sri Rajendra Pandey 1.

2.

Subodh Kumar Pandey, S/o Sri Ram Chandra Pandey, Both R/o Vidyut Karyalay Purab Krishna Nagar, Aurangabad, P.S. and Distt- Aurangabad (Partners).

... ... Petitioner/s

Versus

1.

The State of Bihar through Sri Pankaj Kumar, I A S, Secretary, Department of Food And Civil Supply, Government of Bihar, Patna 2.

Bihar State Food and Civil Supplies Corporation Ltd. through Sri Pankaj Kumar, IAS, Managing Director, Bihar, Patna 3.

Sujata Chaturvedi, IAS, The Principal Secretary, Department of Finance, Government of Bihar, Patna.

4.

Sri Pankaj Kumar, IAS, The Managing Director, Bihar State Food and Civil Supplies Corporation Ltd., Bihar, Patna 5.

Sri Shailendra Kumar, The District Manager, Bihar State Food and Civil Supplies Corporation Ltd. (B.S.F.C.), Aurangabad ... ... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s :

Mr. A.B. Ojha, Sr. Advocate Mr.Nitesh Kumar, Advocate For the Opposite Party/s :

Mr.S. Raza Ahmad, AAG-5 Mr. Bijay Kr. Sinha, AC to Sinha, AC to AAG-5 For the B.S.F.C.

:

Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-02-2024 In order to show compliance of the order of this Court dated 06.03.2018 passed in CWJC No. 10487 of 2017, the opposite parties have now filed a second show cause, which is taken on record, wherein it has been submitted that earlier the petitioner had submitted a bill for a sum of Rs.

Patna High Court MJC No.2743 of 2018(10) dt.01-02-2024 2/3 18,87,648/-, which was paid to the petitioner on 07.08.2019 and then, interest for the period 09.01.2015 to 05.08.2019 has also been paid to the petitioner, totaling to a sum of Rs. 6,47,481. Thereafter, the petitioner had presented a supplementary bill for a sum of Rs. 2,55,990/- on 01.08.2019 and the same was also passed for payment, whereafter, interest was calculated thereon, for the period 01.08.2019 to 25.01.2024 totaling to a sum of Rs. 63,009/- and the same along with the principal amount was added and after making the requisite deductions, a cheque has been prepared for a sum of Rs. 3,12,619/- dated 30.01.2024.

2.

The learned counsel for the opposite parties has produced a cheque for the aforesaid sum of Rs. 3,12,619/- dated 30.01.2024 for being handed over to the Ld. Counsel for the petitioner. 3.

Per contra, the learned senior counsel for the petitioner, Shri A.B. Ojha has disputed the aforesaid calculations made by the opposite parties and has submitted that he is not interested

Patna High Court MJC No.2743 of 2018(10) dt.01-02-2024 3/3 in receiving the cheque produced by the opposite parties, hence the same is returned back to the learned counsel for the opposite parties (B.S.F.C.). 4.

Having regard to the facts and circumstances of the case, upon perusal of the second show cause filed by the opposite parties no. 2, 4 and 5 today and taking into account the facts narrated herein above, apart from considering the limitation and scope/purview of the present proceedings, this Court is satisfied that the judgment of this Court dated 06.03.2018 passed in CWJC No.10487 of 2017 has stood complied with, hence the present contempt petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/- U