M/S Singh Traders v. The National Thermal Power Corporation
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11749 of 2022 ====================================================== M/S Singh Traders through one of its Proprietor Arun Kumar Singh aged about 53 years (Male), Son of Late Daroga Singh, Resident of Village - Rahra, Police Bodem O.P Circle Nabinagar, and District - Aurangabad. ... ... Petitioner/s
Versus
1.
The National Thermal Power Corporation through its Chief Managing Director, its Head Office New Delhi.
2.
The Chief Executive Officer, Nabinagar Power Generating Company Limited, Nabinagar, Aurangabad.
3.
The General Manager (Project), Nabinagar Power Generating Company Limited, Nabinagar, Aurangabad.
4.
The Additional General Manager (Civil) Nabinagar Power Generating Company Limited, Nabinagar, Aurangabad.
5.
The Era Infra Engineering Ltd. through its Project Manager, Nabinagar, Aurangabad.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Jha, Sr. Advocate :
Mr. Anirudh Kumar Verma, Advocate :
Mr. Vyas Kumar Mishra, Advocate For the Respondent/s :
Mr. Amaresh Kumar Sinha, Advocate :
Mr. Vaibhav Narayan, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 25-08-2022 Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):- That this Writ petition is being filed for issuance of Writ (s)/Order (s)/direction (s) in the nature of mandamus commanding and directing upon the concerned Respondent particularly Respondent No. 2 to make payment of admitted outstanding dues for tune of Rs. 72,88,892/- dues since 2020
Patna High Court CWJC No.11749 of 2022 dt.25-08-2022 2/3 with statutory interest for withholding for long time in lieu of supplying aggregate i.e. stone chips to Nabinagar Power Generating Company Limited through the Era Infra Engineering Ltd. on the assurance of Respondent i.e. NPGCL which used to pay the due amount directly to the Singh Traders upon the request of the Era Infra Ltd. After the matter was heard for some time, finding the Court not to be in favour with the submissions made across the Bar, learned counsel for the petitioner, under instructions, seeks permission to withdraw the present petition reserving liberty to take recourse to such other remedies, as are otherwise available, in accordance with law.
Permission granted.
We are sure that as and when any such proceedings are initiated, before the appropriate forum/Tribunal, the same shall be considered and decided expeditiously, in accordance with law.
Needless to add, period for which the petitioner has been pursuing the matter before this Court, shall be excluded for the purpose of computing limitation.
It is made clear that we have not expressed any opinion on merits. All issues are left open.
The petition stands disposed of as withdrawn with the liberty aforesaid.
Patna High Court CWJC No.11749 of 2022 dt.25-08-2022 3/3 Interlocutory application(s), if any, shall stand disposed of.
(Sanjay Karol, CJ) ( Satyavrat Verma, J) Rishi/- AFR/NAFR CAV DATE Uploading Date 26.08.2022 Transmission Date