M/S Mahendra And Comp. v. The Commissioner Cum Secretary, Govt. Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13012 of 2016 ====================================================== M/s Mahendra & Comp. It's proprietor Ashok Kumar Singh resident of village - Sukulchak, P.S. Jehanabad, District - Jehanabad. ... ... Petitioner/s

Versus

1. The Commissioner cum Secretary, Govt. of Bihar, Road Construction Department, Nirman Bhawan, Bailey Road, Patna.

2. The Engineer in Chief cum Additional Commissioner cum Special Secretary, Road Construction Department Nirman Bhawan Bailey Road, Patna.

3. The Chief Engineer, South Bihar, Road Construction Department, Nirman Bhawan Bailey Road, Patna.

4. The Superintending Engineer, Magadh Circle Road Construction Department, Gaya.

5. The Executive Engineer, Road Construction Department, Jehanabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ran Vijay Kumar For the Respondent/s :

Mr. Raj Balabh Pd.Yadav,AAG-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-12-2018 There is no dispute in the present case amongst the parties that a sum of Rs. 80,849/- has to be paid to the petitioner. In fact the learned counsel for the respondents, referring to paragraph no. 7 of the counter affidavit has submitted that a cheque dated 24.11.2017 for the aforesaid amount was also issued to the petitioner herein. However, the same could not be credited in the account of the petitioner on account of lack of bank details.

The learned counsel for the petitioner submits that the petitioner could not receive the said cheque on account of the illness of the proprietor.

Patna High Court CWJC No.13012 of 2016(2) dt.03-12-2018 2/2 However, the learned counsel for the petitioner submits that the proprietor of the petitioner company would go to the respondents within a period of two weeks from today whereupon a fresh cheque should be handed over to the said proprietor.

Having regard to the submissions made by the learned counsel for the parties, the present writ petition is disposed of with a direction to the said proprietor of the petitioner to visit the concerned respondent after two weeks from today but not later than four weeks from today whereupon fresh cheque of the aforesaid amount i.e. for a sum of Rs. 80,849/- shall be handed over to the proprietor of the petitioner herein. (Mohit Kumar Shah, J) S.Sb/- U