Disposed

Saisree Engineers Pvt. Limited through Its Managing Director Namely S Suryanarayana Raju v. the State of Jharkhand

Jharkhand HC19 Jan 2024Cont.(Cvl)/1057/2019

Case brief

AI extract

What is this about?

The petitioner filed a contempt petition alleging wilful disobedience of an order dated 20.07.2017. Since no one appeared for the petitioner and the opposite parties submitted they had complied with the impugned order, the court dropped the contempt proceedings and disposed of the petition.

What the court decided

AI extract

Saisree Engineers Pvt. Limited through Its Managing… — Contempt of Court | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Contempt Case (Civil) No. 1057 of 2019

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Saisree Engineers Pvt. Limited, Sanath Nagar, Hyderabad, Telangana, through its Managing Director … … Petitioner Versus

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The State of Jharkhand

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Shri P.M. Prasad, Chairman-cum-Managing Director, Bharat Coking Coal Limited, Saraidhela, Dhanbad

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Shri G. Girish, Chief General Manager (CMC), Bharat Coking Coal Limited, Saraidhela, Dhanbad

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Shri G.D. Nigam, General Manager, Lodna Area, Bhart Coking Coal Limited, Dhanbad … … Opposite Parties

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… … Opposite Parties

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CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioner : None For the Opp. Party No. 1 : Mr. P.C. Sinha, AC to GA-III For the Opp. Party Nos.2 to 4 : Mr. Arpan Mishra, Advocate Ms. Prerna Jhunjhunwala, Adv.

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-----

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06/19.01.2024 The present contempt petition has been filed for

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initiating a contempt proceeding against the

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contemnors/opposite parties alleging wilful disobedience of order dated 20.07.2017 passed in W.P.(C) No. 3635 of 2017.

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2. No one appears on behalf of the petitioner.

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3. Learned counsel for the opposite party nos. 2 to 4,

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while referring to paragraph no. 9 of the contempt petition, submits that the petitioner has primarily alleged that no final decision has been taken by the said opposite parties with respect to foreclosure of the contract. He, however, refers to paragraph no. 6 of the show cause affidavit dated 18.06.2021 filed by the

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said opposite parties, which reads as under:

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6. That I say that the opposite parties vide Ref. No.BCCL/CS/F-1(A)/2021/172(H) dated 01.04.2021 has passed the reasoned order in compliance of the order passed in W.P.(C) No. 3635 of 2017, stating therein that

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the agenda note was approved by the board with imposition of Penalty of Rs.9,22,84,400/- i.e., 10% of the contract amount of Rs.92,28,44,000/- as per clause no. 6.2 of the general terms and conditions of NIT/Tender Document and recovery as per terms and condition of contract reserving all rights & remedies and recovery available to the company.

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Photocopy of the Ref. No. BCCL/ CS/ F-1(A)/ 2021/ 172(H) dated 01.04.2021 is annexed and marked as Annexure-A to this show cause.

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4. It is thus submitted that the order dated 20.07.2017 passed in W.P.(C) No. 3635 of 2017 so far as the same relates to foreclosure of the contract in question has already been complied.

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5. Considering the said submission, there is no need to further proceed in the contempt petition. The contempt proceeding as against the opposite parties is hereby dropped.

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6. The contempt petition is accordingly disposed of.

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Manish

Saisree Engineers Pvt. Limited through Its Managing Director Namely S Suryanarayana Raju v. the State of Jharkhand

Case brief

What is this about?

What the court decided

Saisree Engineers Pvt. Limited through Its Managing Director Namely S Suryanarayana Raju v. the State of Jharkhand

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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