Ambady Gopal Krishna Menon v. The National Institute Of Technology, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11930 of 2018 =========================================================== Ambady Gopal Krishna Menon, Son of A.G. Menon, Architect, Urban Planning and Conversation Consultants, having its registered office at N-125B, Panchshila Park, Police Station- Hauz- Khas, New Delhi- 110016, through its authorized representative namely Ajay Kumar, Son of J.P. Das, resident of Flat No. K-1605, Ajnara Daffodils, Sector- 137, Police Station- Sector- Surajpur, District- Noida, Uttar Pradesh.

.... .... Petitioner

Versus

1. The National Institute of Technology, Patna, Bihar through the Registrar, National Institute of Technology, Patna, Bihar.

2. The Registrar, National Institute of Technology, Patna, Bihar.

3. The Director, National Institute of Technology, Patna, Bihar.

4. The Deputy Registrar, National Institute of Technology, Patna, Bihar.

5. The Union of India through the Secretary, Ministry of Human Resources Development, New Delhi.

6. The Executive Engineer, National Institute of Technology, Patna, Bihar. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Sanjeev Kumar, Mr. Rajeev Shekhar, Advocates For Union of India : Mr. S.D Sanjay, Addl. Sol. General =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 29-06-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. This matter has been taken up out of turn on the request of learned counsel for the petitioner for payment of his outstanding dues.

3. Learned counsel for the petitioner submits that pursuant to an agreement entered into between the respondent-National Institute of Technology, Patna, Bihar, the petitioner completed the work in question for which an amount of Rs. 2,59,81,816/- remains outstanding to be paid against the bills of the petitioner.

Patna High Court CWJC No.11930 of 2018 dt.29-06-2018 2/2

4. Learned counsel for the respondents appears and has been heard.

5. Having regard to the nature of the grievances of the petitioner and with consent of the parties, this writ petition is disposed of, granting liberty to the petitioner to approach the Director, National Institute of Technology, Patna, Bihar (Respondent No. 3) with a fresh 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. B.T/Chandran (Vikash Jain, J) AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 05.07.2018 Transmission Date N.A.