M/S Dipanshu Promoter and Builders Pvt. Ltd. through Its Director Vikas Kumar Sanehi Vs the Nbcc (India) Ltd. through Its Chairman and Managing Director

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(C) No. 675 of 2023

M/s. Dipanshu Promoter and Builders Pvt. Ltd., Vatika Apartment, Line Tank Road, District-Ranchi through its Director, namely, Vikas Kumar Sanehi ...Petitioner

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Versus

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The NBCC (India) Ltd., through its Chairman & Managing Director, at NBCC Bhawan, Lodhi Road, New Delhi

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The Senior Executive Director, Head Office, NBCC (India) Ltd., at NBCC Bhawan, Lodhi Road, New Delhi

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The Chief General Manager (Engg.), NBCC (India) Ltd., Ranchi

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The General Manager (Engg.), NBCC (India) Ltd., Ranchi

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The State of Jharkhand through its Joint Secretary, Department of Higher, Technical Education and Skill Development, Ranchi

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...Respondents

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--

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CORAM: Hon’ble Mr. Justice Rongon Mukhopadhyay Hon’ble Mr. Justice Deepak Roshan

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--- For the Petitioner : Mr. Rahul Kumar, Advocate For the Respondents : A.C to AAG-IA

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04/08.04.2024 Heard Mr. Rahul Kumar, learned counsel appearing for the petitioner and A.C to learned AAG-IA appearing for the State.

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In this writ application, the petitioner has prayed for a direction upon the respondents to accept the handover of the Institutional Buildings, Hostels, Staff Quarters and other facilities for proposed Government Polytechnic Campus at Koderma, for which the construction has been completed and a completion certificate to that effect has been issued on 23.08.2021. The petitioner has also prayed for release of dues on account of completion of work to the tune of Rs. 2,10,53,321/- as well as maintenance cost of the buildings which have been incurred by the petitioner during the intervening period after its completion.

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Briefly stated the facts reveal that the petitioner is a registered Company which had participated in the tender process for construction of Institutional Buildings, Hostels, Staff Quarters and other facilities of Government Polytechnic Campus, Koderma and being the successful bidder, Letter of Award was issued to him and an agreement was also entered into between the petitioner and National Building Construction Corporation on 26.05.2017.

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2.

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It is the case of the petitioner that the work, which was allotted to it was successfully completed and bills were raised. Though, part payment was made, but majority portion of bills have not been paid to the petitioner; apart from the fact that the building and other Institutional facilities, which have been constructed by the petitioner have not been taken over by the State of Jharkhand.

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Mr. Rahul Kumar, learned counsel for the petitioner has submitted that apart from the dues which have been enumerated in the writ application, the security deposit has also not been released in favour of the petitioner.

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In view of the aforesaid fact since the issue in question has to be considered by the concerned respondent at the first instance, this writ application stands disposed of with liberty to the petitioner to submit a representation before the Principal Secretary, Department of Higher, Technical Education and Skill Development supported with all relevant documents within a period of three weeks from today and if such representation is preferred, the respondent, as indicated above, shall dispose it of by speaking and reasoned order within a period of four weeks from the date of submission of the representation. It goes without saying that if the construction of building has been completed and a completion certificate to that effect has been issued and if there are no other legal impediments, the building shall be taken over by the State and so far as the dues, which have been claimed by the petitioner, are concerned, if found to be admissible, shall be released in favour of the petitioner within a period of four weeks from the date of disposal of representation.

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Consequently, this writ application stands disposed of.

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( Rongon Mukhopadhyay, J.)

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(Deepak Roshan, J.)

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Jk

M/S Dipanshu Promoter and Builders Pvt. Ltd. through Its Director Vikas Kumar Sanehi v. the Nbcc (India) Ltd. through Its Chairman and Managing Director

Case brief

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M/S Dipanshu Promoter and Builders Pvt. Ltd. through Its Director Vikas Kumar Sanehi v. the Nbcc (India) Ltd. through Its Chairman and Managing Director

Case brief

What is this about?

What did the court decide?

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What the court decided

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Coram

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