M/S Dhananjay Construction Pvt. Ltd. And ANR v. The Union Of India Through The General Manager, East Central Railway And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.507 of 2017 IN Civil Writ Jurisdiction Case No. 13341 of 2012 ===========================================================

1. M/s Dhananjay Construction Pvt. Ltd. , East Gandhi Maidan, Town, P.S. & District - Jehanabad, through its Managing Director, Vijay Narayan Singh.

2. Vijay Narayan Singh S/o - Sri Nand Deo Singh Managing Director, M/s Dhanajay Construction Pvt. Ltd., East Gandhi Maidan, Town, P.S. & District - Jehanabad.

.... .... Petitioners

Versus

1. The Union of India through the General Manager name not known, East Central Railway, G.M. Building, Hajipur, Bihar.

2. Sri Kripal Singh, the Chief Engineer (Con) I, East Cental Railway, Hajipur, Vaishali, Bihar.

3. Sri Saurabh Mishra the Deputy Chief Engineer/ CON/East Central Railway, Samastipur, Bihar.

4. Smt. Garima Srivastava, the Deputy General Manager (Law) East Central Railway, BISCOMAUN Tower, Patna.

.... .... Opposite Parties =========================================================== Appearance :

For the Petitioners : Mr. Prakritita Sharma, Advocate. For the Opposite Parties : Mr. Anil Kumar Sinha, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 24-01-2018 Heard learned counsel for the petitioners and learned counsel for the opposite parties.

2. The present petition has been filed for initiating a contempt proceeding against the opposite parties for willful disobedience of the judgment of this court dated 27.10.2016 passed in C.W.J.C. No. 13341 of 2012 requiring the authorities to consider the petitioners' case and taking decision at their end.

3. Learned counsel for the petitioners fairly states that

Patna High Court MJC No.507 of 2017 dt.24-01-2018 during the pendency of the present contempt petition, the opposite parties have since refunded the amount of Rs. 9,90,901/- which had erroneously been deducted from the final bill of the petitioner. It is stated however that no interest in respect of the delay has been paid.

4. A perusal of the judgment of this Court dated 27.10.2016 however discloses that there was no direction for payment of interest to the petitioners in respect of delay in payment, if any.

5. In the above circumstances, no case for contempt is made out. The petition stands dismissed.

(Vikash Jain, J) Md. Ibrarul/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 27.01.2018 Transmission Date N.A.