Jain Studios Ltd. v. The State Health Society And ORS

Patna High Court CWJC No.18406 of 2016 dt.06-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18406 of 2016 =========================================================== Jain Studios Ltd., having registered office at Jain Studios Campus, Scindia Villa, Sarojni Nagar, P.O. + P.S. : Sarojini Nagar, Ring Road, New Delhi : 110023 through its authorized representative namely Mr. Dharmendra Kumar Singh son of Nand Kishore Singh resident of 111/A, East Boring Canal Road, Krishna Nagar, Patna 800001.

.... .... Petitioner/s

Versus

1. The State Health Society, Bihar, Patna, Pariwar Kalyan Bhawan, Sheikhpura, Patna, P.O. + P.S. : Sheikhpura, Bihar : 800001.

2. The Vice-Chairman cum Principal Secretary, State Health Society, Pariwar Kalyan Bhawan, Sheikhpura, Patna, P.O. + P.S.: Sheikhpura, Bihar 800001.

3. The Executive Director, State Health Society, Bihar, Patna, Pariwar Kalyan Bhawan, Sheikhpura, Patna, P.O. + P.S.: Sheikhpura, Bihar : 800001.

4. The State Programme Officer, State Health Society, Pariwar Kalyan Bhawan, Sheikhpura, Patna, P.O. + P.S.: Sheikhpura, Bihar : 800001. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Rai, Adv Mr. Aditya Prakash Sahay, Adv For the State Health Society : None =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 06-07-2018 The present writ petition has been filed for payment of outstanding dues of Rs. 07,81,42,000/- for the services done for Mobile Medical Units (MMUs) in different Districts of Bihar along with 18% penal interest.

2. Learned counsel for the petitioner submits that despite having performed the services of Mobile Medical Units in terms of agreement signed between the parties, the petitioner company is entitled to get Rs. 4.68 lakhs per month per MMU, the petitioner has only received payment in part and an amount of Rs. 4,80,31,900/- remains outstanding.

Patna High Court CWJC No.18406 of 2016 dt.06-07-2018

3. None appears on behalf of the State Health Society when the matter is called.

4. Having regard to the nature of the grievances of the petitioner and with the consent of the parties this writ petition is disposed of, granting liberty to the petitioner to approach the Executive Engineer, State Health Society, Bihar, Patna Pariwar Kalyan Bhwan, Sheikhpura, Patna, P.O. and P.S. Sheikhpura, Bihar 800 001(Respondent No. 3) with a representation for redressal of his 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 opinion on the merits of the claim of the petitioner. .

(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 10.07.2018 Transmission Date NA