M/ S G S Infotech Pvt. Ltd. v. The Bihar Housing Board Through Its Managing Director And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12418 of 2017 =========================================================== M/ SGS Infotech Pvt. Ltd. through its authorised signatory Dr. Sushil Kumar Shukla having office and place of business at 407, Uday Vihar Phase IV Gurgaon Haryana 122015.

.... .... Petitioner

Versus

1. The Bihar Housing Board through its Managing Director - having office at 6 Sardar Patel Marg, P.S. Secretariat - Patna 800015.

2. The Chief Engineer, Bihar Housing Board at 6 Sardar Patel Marg, P.S. Secretariat - Patna 800015.

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

For the Petitioner : Mr. Jitendra Kumar Mr. Nand Kishore Singh, Advocates.

For the Respondents : Mr. Anshuman Singh, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 27-11-2017 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been taken up out of turn on the request of learned counsel for the petitioner for disposal of the same with a direction to the respondents to pay the admitted dues of the petitioner.

3. Learned counsel for the petitioner submits that pursuant to a tender in which the petitioner was successful bidder, on completion of the work in question including the additional work, an amount of Rs. 46,36,389/- only remains outstanding.

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 Chief Engineer,

Patna High Court CWJC No.12418 of 2017 dt.27-11-2017 2/2 Bihar State Housing Board at 6 Sardar Patel Marg, P.S. Secretariat, Patna (Respondent No. 2) with a fresh representation for redressal of its 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) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 29.11.2017 Transmission Date N.A.