M/S Nityanand Singh, v. The Bharat Sanchar Nigam Limited (Bsnl),

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9925 of 2023 ====================================================== M/s Nityanand Singh, a partnership firm represented through its partner namely Nityanand Singh, Aged about 51 years, Male, Son of Late Mahashay Singh, Resident of Village- Mura, P.S.- Govindganj, District- East Champaran. At present- Shrikrishna Nagar, P.S. Town Motihari, District- East Champaran.

... ... Petitioner/s

Versus

1.

The Bharat Sanchar Nigam Limited (BSNL), through its Chief General Manager, Bihar, Patna.

2.

The Chief General Manager, Bharat Sanchar Nigam Limited, Bihar, Patna. 3.

The General Manager (Finance), Bharat Sanchar Nigam Limited, Bihar, Patna.

4.

The General Manager (Business Area), Bharat Sanchar Nigam Limited, Muzaffarpur.

5.

The Operation Incharge, Bharat Sanchar Nigam Limited, Bettiah, West Champaran.

6.

The Operation Incharge, Bharat Sanchar Nigam Limited, Motihari, East Champaran.

7.

The Telephone Divisional Manager, Bettiah, West Champaran. 8.

The Telephone Divisional Manager, Motihari, East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Priyesh Kumar :

Mr. Sudhir Singh For the Respondent/s :

Mr. Harendra Prasad Singh :

Mr. Ashok Kumar Dubey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-03-2024

1. Heard the parties.

2. The present application has been filed for a direction to the respondent/BSNL to pay the admitted dues towards the work done by the petitioner/contractor pursuant to the four separate agreements. The counter affidavit has been filed by the respondent/BSNL, in Paragraph 11 of the same, it has been admitted that the claim of the petitioner towards the dues amounting to Rs. 86,41,765/- is correct.

Patna High Court CWJC No.9925 of 2023(6) dt.06-03-2024 2/2

3. Learned counsel for the BSNL submits that the aforesaid amount minus the payment which has already been made shall be paid within a period of three months.

4. Considering the submission of the learned counsel for the BSNL, this writ application is disposed with a direction to the respondent to pay the aforesaid amount to the petitioner within a period of three months from today failing which, simple interest, at the rate of 7% per annum shall be paid by the BSNL upon the unpaid amount after three months.

5. Learned counsel for the petitioner submits that the petitioner could not claim a sum of Rs. 2,95,100/- in this writ petition, bill of which has already been raised by the petitioner, accordingly, he seeks liberty to claim this amount if not paid, before an appropriate forum.

6. Accordingly, the present writ application stands disposed, with aforesaid liberty.

(Anil Kumar Sinha, J) HarshPandey/- U