M/S Kinwar Engicon P Ltd. v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5514 of 2017 =========================================================== M/s Kinwar Engicon (P) Ltd. through its Director namely Arbind Kumar Singh, son of late Ramanand Singh, resident of mohalla-Mohaddinagar, P.S. - Babarganj (Mojahidpur), Distt - Bhagalpur.

.... .... Petitioner

Versus

1. The Union of India through the Secretary, Department of Building Construction, New Delhi.

2. The National Building Construction Corporation Ltd through General Manager, NBCC Bhawan, Lodhi Road, New Delhi.

3. The Executive Director, NBCC Ltd., Vigyor Tower, Action Area - 1, CE-II, New Town, Rajarhat, Kolkata.

4. The Addl. General Manager, N.B.C.C. Ltd. Zonal Office, Maurya Tower, Patna.

5. DMF, N.B.C.C. Ltd, Kankarbagh, Patna.

.... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Swapnil Kumar Singh, Adv. For the Respondent nos. 2 to 5 : Mr. Satish Kumar Sinha, Adv. For Union of India : Ms. Chhaya Mishra, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 24-07-2017 Heard learned counsel appearing for the respective parties.

2.

In this case, the petitioner is seeking payment of Rs.12,92,668/- as having been claimed that the petitioner has completed the work, but the payment including the Security amount has not been paid to him.

3.

As per the pleadings of the writ petition, the petitioner

Patna High Court CWJC No.5514 of 2017 dt.24-07-2017 2/2 has entered into an agreement for construction of outfall channel from Bhutnath to Nandlal Chapra and truck channel in between opposite of Prem Kunj market to Malahi Pakri chowk, Kankarbagh. The work was allotted vide letter dated 26.02.2009 and 18.03.2010 respectively. It has been claimed by the petitioner that though he has completed the work, but the respondent-authorities have not paid the admitted dues of Rs.12,92,668/- as well the Security amount. 4.

Let the petitioner file a detailed representation before the Executive Director, National Building Construction Corporation Limited, who will be obliged to consider the representation of the petitioner and after examining the materials pay the admitted dues which the petitioner is entitled to.

5.

With the aforesaid observations and directions, this writ application is disposed of.

(Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.

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