Shanti Construction Fabrication Pvt. Ltd., Patna v. The Bihar State Warehousing Corporation Patna And ANR.

Patna High Court MJC No.4324 of 2014 (4) dt.09-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4324 of 2014 In Civil Writ Jurisdiction Case No. 8047 of 2014 ====================================================== Shanti Construction Fabrication Pvt. Ltd., Patna .... .... Petitioner/s

Versus

The Bihar State Warehousing Corporation Patna & Anr. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinay Ranjan For the Respondent/s : Mr. Mithilesh Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 09-09-2015 Heard learned counsel for the petitioner and learned counsel for the opposite parties.

The contempt application has been filed alleging willful disobedience of the order dated 17.06.2014 passed in C.W.J.C. No.8047 of 2014.

By the aforesaid order, the Managing Director, Bihar State Warehousing Corporation, was directed to consider the claim of the petitioner and dispose of the same within a period of two months from the date of passing of the order and whatever amount was found due and payable to the petitioner, the same should also be paid to it within a further period of two months thereafter. In the show cause filed on behalf of the opposite parties, it is stated that the present Managing Director, who has joined recently on 24.8.2015, has immediately taken all possible steps

Patna High Court MJC No.4324 of 2014 (4) dt.09-09-2015 and after admitting the claim of the petitioner at Rs.69,08,878/- and after deduction of Rs.23,42,817/- under different heads such as I.T., VAT, Cess, royalty, etc., the amount of Rs.45,66,060/- was found payable to the petitioner and the same has also been paid to it by cheque. The said fact is accepted by learned counsel for the petitioner, although he alleges that the amount sought to be paid under the Bills does not reflect the correct position. The said issue cannot be decided under the contempt jurisdiction of this Court. I am of the opinion that so far as the order under contempt is concerned, it has been complied with. The contempt application is, accordingly, dismissed. (Ramesh Kumar Datta, J) V.P.Sinha/- U