M/S Indra Narayan Singh Contractors Pvt. Ltd. v. The State Of Bihar And ORS

Patna High Court CWJC No.4213 of 2017 dt.24-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4213 of 2017 =========================================================== M/s Indra Narayan Singh Contractors Pvt. Ltd. having registered office at - 76, Kautilya Nagar, Vidhayak Colony, Patna represented through its Managing Director namely Manoj Kumar Singh son of Late Harendra Singh resident of Ward No. 07, P.S. Supaul, District - Supaul.

.... .... Petitioner

Versus

1. The State of Bihar through the Secretary, Water Resources Department, Govt. of Bihar, Patna.

2. The Engineer-in-Chief (North) Water Resources Department, Govt. of Bihar, Harding Road, near Huz Bhawan, Patna, Bihar.

3. The Chief Engineer, Water Resources Department, Darbhanga, Bihar.

4. The Executive Engineer, Kamla Canal Division, Jainagar (Bihar). .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Aditya Prakash Sahay, Advocate. For the Respondents : Mr. Vikash Kumar, SC-11 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 24-11-2017 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. It is submitted that despite having completed the construction work, the petitioner has yet to be paid his entire dues for the work done. It is further submitted that even though an amount of Rs. 9.076 Lacs has been admitted by the respondents, the same has not yet been paid as the work in question was completed by the petitioner as far back as in May, 2010 and as such the petitioner is entitled to interest for delayed payment.

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

4. Having regard to the nature of the prayer of the petitioner, the writ petition is disposed of granting liberty to the

Patna High Court CWJC No.4213 of 2017 dt.24-11-2017 petitioner to approach the Engineer-in-Chief (North), Water Resources Department, Government of Bihar, Patna (Respondent No. 2) with a fresh representation for redressal of its 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 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.

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) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 29.11.2017 Transmission Date N.A.