M/S Science Centre And ANR v. The Jai Prakash University And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4534 of 2017 ===========================================================
1. M/s Science Centre having its office at Sankat Mochan Market, Chitragupt Nagar, Kankarbagh, P.S. - Lohianagar, District- Patna through its Proprietor Anju Devi
2. Anju Devi W/o- Shri N. Prasad, Proprietor, M/s Science Centre having its office at Sankat Mochan Market, Chitragupt Nagar, Kankarbagh, P.S.- Lohianagar, District- Patna.
.... .... Petitioners
Versus
1. The Jai Prakash University, Chapra through its Registrar.
2. The Vice Chancellor, Jai Prakash University, Chapra, Saran.
3. The Principal, Rajendra College, Chapra, Saran.
4. The Registrar, Jai Prakash University, Chapra. .... .... Respondents =========================================================== Appearance :
For the Petitioners : Mr. Shekhar Singh, Mr. Satyendra Rai, Advocates For the Respondents : Mr. Hansraj, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 06-03-2018 As prayed, learned counsel for the petitioners is permitted to implead the Registrar, Jai Prakash University, Chapra as respondent no. 4 in course of the day
2. Heard learned counsel for the petitioners and learned counsel for the respondents.
3. This matter has been taken up out of turn on the request of learned counsel for the petitioners for payment of their outstanding dues and the petitioners sought for the following reliefs - "(a) For a direction to the Respondent No. 3 to immediately release the outstanding due payment of Rs. 9,21,399/- (Nine lakh twenty one thousand three hundred ninety-nine only) towards the payment of invoices
Patna High Court CWJC No.4534 of 2017 dt.06-03-2018 2/3 submitted for execution of work orders dated 12.11.2013 and 20.01.2014 dated 25.03.2014 placed by the respondent no. 3.
(b) For a direction to pay statutory as well as penal interest over the aforesaid payable amount at the rate of 24% for the undue delay caused in its release and for the harassment and financial loss caused to the petitioners. (c) For any other relief(s) for which petitioners are entitled."
4. Learned counsel for the petitioners submits that despite completing the work of setting up Language Lab at Rajendra College, Chapra, the amount of Rs. 9,21,399/- remains outstanding for payment.
5. Learned counsel for the respondent-University appears and has been heard.
6. Having regard to the nature of the grievances of the petitioners and with consent of the parties, this writ petition is disposed of, granting liberty to the petitioners to approach the Registrar, Jai Prakash University, Chapra (Respondent No. 4) with a fresh representation for redressal of their 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 petitioners, within a period of six weeks from the date of receiving the petitioners' representation. Any delay in payment of the admitted amount beyond the stipulated period as stated above, shall entitle the petitioners to receive payment together
Patna High Court CWJC No.4534 of 2017 dt.06-03-2018 3/3 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 petitioners' claim is found inadmissible, whether in whole or in part, the petitioners' representation shall be disposed of by a speaking order in that regard.
7. It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioners. B.T/Chandran (Vikash Jain, J) AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 08.03.2018 Transmission Date N.A.