M/S. Rajesh Kumar v. National Jute Manufacturers Corporation Limited And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1850 of 2018 ====================================================== M/s. Rajesh Kumar, a proprietorship firm having its place of business at D.S. College Road, Katihar- 8540105 (Bihar) through its Proprietor Rajesh Kumar, Son of Sri Ghansi Ram Agarwal, Resident of Bara Bazar, Town & District- Katihar.

.... .... Petitioner/s

Versus

1. National Jute Manufacturers Corporation Limited, a Government of India undertaking (Ministry of Textiles) having its corporate office at Chartered Bank Building, 2nd Floor, 4, Netaji Subhash Road, Kolkata700001 (West Bengal), through its Chairman-cum-Managing Director.

2. The Chairman-cum-Managing Director, National Jute Manufactures Corporation Limited (NJMC Ltd) having its corporate office at Chartered Bank Building, 2nd Floor, 4, N.S. Road, Kolkata- 700001 (West Bengal).

3. National Jute Manufacturers Corporation Limited, Unit- RBHM Mill, Katihar, Bihar through its Chief Operating Officer.

4. The General Manager (Finance), Unit-RBHM, Katihar, of N.J.M.C. Ltd., Chartered Bank Building, 2nd Floor, 4, N.S. Road, Kolkata700001 (West Bengal).

5. The Director, Unit-RBHM, Katihar, of N.J.M.C. Ltd., Chartered Bank Building, 2nd Floor, 4, N.S. Road, Kolkata- 700001 (West Bengal).

6. The Chief Operating Officer, RBHM Jute Mill, Milk Area, P.O.- Katihar, District- Katihar (Bihar).

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

For the Petitioner/s : Mr. Ramesh Kumar Agrawal For the Respondent/s : None.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-10-2018 On last occasion, nobody had appeared on behalf of the respondents. Today also none has bothered to appear on behalf of the respondents. It is submitted by the learned counsel appearing for the petitioner that the learned counsel appearing for the respondents, namely, Shri Surya Narayan Sah was informed, but he has failed to turn up before this Court. Hence, there is no option but to proceed with the matter.

The short submission of the learned counsel for the

Patna High Court CWJC No.1850 of 2018 (2) dt.29-10-2018 2 /2 petitioner is that though the petitioner had supplied jute to the respondents National Jute Manufactures Corporation Ltd., however, the outstanding admitted dues amounting to Rs. 15,82,609/-- has not been paid to the petitioner herein. Having regard to the facts and circumstances of the case, the respondent no.2 is directed to pay the admitted outstanding dues of the petitioner within a period of six weeks from today, failing which the said amount shall carry an interest of 18% per annum for the entire period for which the due amount has remained unpaid as well as the Respondent No.2 shall be liable for penal consequences.

The present writ petition is disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) BTiwary/- U