M/S Enarch Consultants Private Limited v. The Bihar State Housing Board And ORS

Patna High Court CWJC No.4155 of 2018 dt.03-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4155 of 2018 =========================================================== M/s Enarch Consultants Private Limited, a Company registered under the Companies Act having its Office Situated at B-66, Sector 63 Noida (U.P.) through its Managing Director Rahul Gupta, son of Late Shri J.P. Gupta, Resident of E-56, Sector 41, P.S. Sector- 39, NOIDA, District Gautam Buddha Nagar (U.P.) .... .... Petitioner/s

Versus

1. The Bihar State Housing Board having its Office at 6 Sardar Patel Marg, Patna 800015 through its Managing Director.

2. The Managing Director, Bihar State Housing Board having its Office at 6, Sardar Patel Marg, Patna- 800015.

3. The Secretary, Bihar State Housing Board having its Office at 6 Sardar Patel Marg, Patna- 800015.

4. The Chief Engineer, Bihar State Housing Board having its Office at 6, Sardar Patel Marg, Patna- 800015.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Agrawal, Adv For the Respondent/s : Mrs. Binita Singh, Adv =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 03-04-2018 Heard learned counsel for the petitioner and learned Counsel for the respondents.

2. The present writ petition has been taken up out of turn on the request of learned counsel for the petitioner for disposal of the same with a direction to the respondents to pay the admitted dues of the petitioner.

3. Learned counsel for the petitioner submits that despite having completed the Architectural and Design Consultancy work for development of residential and commercial complex at Samastipur an amount of Rs. 1,19,84,000/- remains outstanding for payment.

4. Learned counsel for the respondents appears and has been heard.

Patna High Court CWJC No.4155 of 2018 dt.03-04-2018

5. Having regard to the nature of the grievances of the petitioner and with the consent of the parties this writ petition is disposed of, granting liberty to the petitioner to approach the Managing Director, Bihar State Housing Board having its office at 6, Sardar Patel Marg, Patna 800 015 (Respondent No. 2) with a fresh representation for redressal of his grievances. If any such representation is filed within a period of four 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 6% 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.

6. 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/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 16.04.2018 Transmission Date NA