Ms Shailendra Kumar Engineer and Contractor through Its Proprietor Shailendra Kumar v. State of Jharkhand

Jharkhand HC17 Mar 2023Cont.(Cvl)/12/2022

Case brief

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What is this about?

In a contempt case, the single-judge bench addressed allegations of non-compliance regarding payment dues. While an informed decision to pay the balance sum was noted, the absence of a payment timeframe justified dropping the proceeding but preserved the right to file a fresh writ. No judgment text was drafted.

What did the court decide?

Contempt proceeding against the opposite party no. 2 is hereby dropped.

Ms Shailendra Kumar Engineer and Contractor… — Writ and Judicial Review | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cont. Case (Civil) No.12 of 2022

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M/s. Shailendra Kumar Engineer & Contractor, Morabadi, Ranchi.

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.......... Petitioner.

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-Versus-

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The State of Jharkhand

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Sanjay Kumar Singh, Executive Director, Jharkhand State Building Construction Corporation Ltd., Dhurwa, Ranchi.

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.......... Respondents.

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----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

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----For the Petitioner : Mr. Amritansh Vats, Advocate For the Opp. Party no.2: Ms. Khalida Haya Rashmi, Advocate -----

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Order No.05 Date: 17.03.2023

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The present contempt case has been filed on behalf of the petitioner for initiating a contempt proceeding against the opposite party no.2 for his wilful and deliberate violation of the order dated 20^th October, 2021 passed by this Court in W.P.(C) No.3480 of 2021.

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Learned counsel for the opposite party no.2 refers to the show cause affidavit filed on behalf of the Managing Director, Jharkhand State Building Construction Corporation Ltd., Ranchi and submits that in compliance of the aforesaid order of this Court, an informed decision as contained in letter no.18/2021-539 dated 21^st February, 2023 has already been taken by the said authority, relevant part of which reads as under:-

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“6. That out of the claimed dues of Rs.1,01,61,403.00, Rs.42,00,000.00 has been paid to M/s. Shailendra Kumar on 10.02.2022. Now Rs.59,61,403.00 only remains to be paid to M/s. Shailendra Kumar. A sum of Rs.15,97,747.00 is available with JSBCCL for payment in this project. A requisition for allotment of remaining required fund amounting to Rs.43,63,656.00 has been sent to Department of Health, Medical Education and Family Welfare vide this office letter no.538 dated 20.02.2023. Once the required fund is made available to JSBCCL, payment of final bill of M/s. Shailendra Kumar will be made.

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7. That Executive Director, JSBCCL is hereby directed to pay Rs.59,61,403.00 to M/s. Shailendra Kumar, once the required fund is made available by Health, Medical Education & Family Welfare Department to JSBCCL.”

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As against this, learned counsel for the petitioner submits that

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though as per the said informed decision, the Managing Director, Jharkhand State Building Construction Corporation Ltd., Ranchi has

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-2-

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stated that an amount of Rs.1,01,61,403/- is payable to the petitioner, however, out of the said amount, it has already been paid Rs.42,00,000/- on 10^th February, 2022. So far as the balance admitted amount of Rs.59,61,403/- is concerned, the Executive Directoropposite party no.2 has been directed to pay the same once the required fund is made available by the Department of Health, Medical Education and Family Welfare, Government of Jharkhand to the Jharkhand State Building Construction Corporation Ltd. Since the Managing Director, Jharkhand State Building Construction Corporation Ltd., Ranchi while issuing the said direction to the opposite party no.2 has not given a timeframe, the petitioner apprehends that the said balance amount may not be paid to it.

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Be that as it may.

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Since in compliance of the order dated 20^th October, 2021 passed by this Court, an informed decision has already been taken by the Managing Director, Jharkhand State Building Construction Corporation Ltd., Ranchi and in pursuance of which Rs.42,00,000/against the work in question has already been paid to the petitioner, this Court is not inclined to further proceed in the matter.

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The contempt proceeding as against the opposite party no.2 is

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hereby dropped.

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The present contempt case is, accordingly, disposed of.

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The petitioner is, however, at liberty to approach this Court by filing a writ petition if payment of balance amount for the work in question is not made to it by the Jharkhand State Building Construction Corporation Ltd., Ranchi within a reasonable period.

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(Rajesh Shankar, J.)

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Sanjay/

Ms Shailendra Kumar Engineer and Contractor through Its Proprietor Shailendra Kumar v. State of Jharkhand

Case brief

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Ms Shailendra Kumar Engineer and Contractor through Its Proprietor Shailendra Kumar v. State of Jharkhand

Case brief

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