One Touch Medical Products P Ltd. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17498 of 2015 =========================================================== One Touch Medical Products (P) Ltd., throgh its Director, Sri Raj Kumar Choudhary, having its office at 2H/78, Bahadurpur Housing Colony, Kankerbagh, P.S.- Agamkuan, District- Patna. null null .... .... Petitioner

Versus

1. The State of Bihar through its Secretary, Department of Animal & Fisheries Resources (Directorate of Animal Husbandry), Government of Bihar, Patna.

2. The Director, Animal Husbandry, Bihar New Secretariat, Vikas Bhawan, Patna.

3. The Director, Institute of Animal Health & Production, Bihar, Patna.

4. The Director, Directorate of Animal Husbandry, Bihar, Patna.

5. Financial Advisor, Department of Animal & Fisheries Resources, Government of Bihar, Patna.

6. Deputy Secretary of Animal & Fisheries Resources, Government of Bihar, Patna.

7. Deputy Director, Department of industries, Bihar, Patna. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Vishal Saurabh, Advocate For the Respondent/s : Mr. SC18- N. HODA KHAN Ms. Babita Kumari, AC to SC 18 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 15-12-2015 Heard learned counsel for the petitioner and learned Counsel for the State.

2. The present writ petition has been filed for a direction to the respondents to make payment of the amount claimed by the petitioner to be due to him pursuant to work having been completed in terms of the tender awarded in favour of the petitioner.

3. It is submitted on behalf of the petitioner that despite being entitled to the amount as claimed by the petitioner,

Patna High Court CWJC No.17498 of 2015 dt.15-12-2015 no payment has been made.

4. In the above view of the matter, this writ petition is disposed of with consent of the petitioner, granting him liberty to approach the Director, Animal Husbandry Bihar, New Secretariat, Vikas Bhawan, Patna (Respondent No.

2) with a fresh representation for redressal of his grievances. If any such representation is filed within a period of two weeks from today, the same shall be considered and disposed of, ensuring payment to the extent found due to the petitioner, within a period of six weeks from the date of receiving the petitioner's representation. Any delay in payment of the admitted amount beyond the stipulated period as stated above, shall entitle the petitioner to receive payment together with simple interest at the rate of 9% per annum on the admitted dues calculated from the date when the amount became due till the date of its actual payment. In case the petitioner's claim is found inadmissible, whether in whole or in part, the petitioner's representation shall be disposed of by a speaking order in that regard.

5. It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioner. (Vikash Jain, J) Chandran U