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Patna High CourtCWJC/5065/2017disposed

Baba Construction v. The Union Of India And ORS

2018-04-30Mr. Justice Vikash Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5065 of 2017 =========================================================== Baba Construction through its authorized signatory of Bikramjeet, S/o Shankar Jha, resident of Mohalla- Sipahi Tola, Opposite Women's College, Police Station Purnea, District- Purnea.

.... .... Petitioner

Versus

1. The Union of India through Commissioner of Delhi State Industrial & Infrastructure Development Corporation, Govt. of India, New Delhi.

2. The Secretary, Delhi State Industrial & Infrastructure Development Corporation, Govt. of India, New Delhi.

3. The Managing Director, Delhi State Industrial & Infrastructure Development Corporation, Govt. of India, Connaught Place, Delhi.

4. The Chief Engineer-I, U.C. Delhi State Industrial & Infrastructure Development Corporation Wazirpur, Industrial Area, New Delhi.

5. The Chief Project Manager, C.D.- 7, Delhi State Industrial & Infrastructure Development Corporation Wazirpur, Industrial Area, New Delhi.

6. The Executive Engineer/Central Division-II, Industrial Area, New Delhi.

7. The Assistant Executive Engineer, Central Industrial Area, New.

8. The Junior Engineer, Central Industrial Area, Delhi. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Sanjay Kumar @ Manu, Advocate For the Respondents : Ms. Chhaya Mishra, CGC =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 30-04-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. This matter has been taken up out of turn on the request of learned counsel for the petitioner for payment of its outstanding dues.

3. Learned counsel for the petitioner submits that despite having completed the construction work of M/o Road CCSW drainage at P. Block and P. extension Uttam Nagar 629/1639 for the

Patna High Court CWJC No.5065 of 2017 dt.30-04-2018 2/3 development of unauthorized colonies, an amount of Rs.

1,62,80,137.39 still remains outstanding to be paid against the bills of the petitioner.

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

5. Having regard to the nature of the grievances of the petitioner and with consent of the parties this writ petition is disposed of, granting liberty to the petitioner to approach the Executive Engineer, Central Division-II, Industrial Area, New Delhi (respondent no. 6) 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.

6. It is made clear that this Court is not expressing any

Patna High Court CWJC No.5065 of 2017 dt.30-04-2018 3/3 opinion on the merits of the claim of the petitioner. (Vikash Jain, J) B.T/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 08.05.2018 Transmission Date N.A.