Partly allowed

Kanti Prasad v. The State Of Bihar and Ors.

Patna HC26 Jul 2012CWJC/12432/2012

Case brief

AI extract

What is this about?

In a writ petition regarding unpaid bills for motor parts supplied for police vehicle repairs, the Patna High Court directed the respondent to examine the bills and pay the admissible amount within three months, imposing 12% compound annual interest for delay.

What did the court decide?

Direction to examine bills and release admissible amount within three months; 12% compound interest on delayed payment.

Kanti Prasad Vs The State Of Bihar and Ors. — Contract and Commercial Disputes | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12432 of 2012

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====================================================== 1. Kanti Prasad S/O Late Nand Kishore Lal Resident Of Mohalla- Sahid Road, P.S- Kotwali, District- Gaya, The Proprietor Of M/S Gaya Motors, Sahid Road Gaya, District- Gaya, District- Gaya. .... .... Petitioner/s Versus 1. The State Of Bihar 2. The District Magistrate, Gaya, District- Gaya. 3. The Senior Superintendent Of Police, Gaya, District- Gaya. 4. The Surgent Police Line, Gaya District- Gaya. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sudhir Kumar Sinha For the Respondent/s : Mr. Lalit Kishor Aag1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

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2 26-07-2012 As per the case of the petitioner, on the orders of the respondents he had supplied some motor parts for repair of police vehicles in 2006. Thereafter, he submitted his bills but the amount of the bill has not been paid to him.

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It goes without saying that, if the petitioner has completed the work as per the contract agreement and to the satisfaction of the respondents, he is entitled for payment of his bills and the respondents have no authority to withhold the same indefinitely without any valid and cogent reasons. It may be made clear that, since petitioner claims to have done the work in terms of the agreement and/or under valid orders/authorization by the competent authorities, paucity of fund or non-allotment of fund

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Patna High Court CWJC No.12432 of 2012 (2) dt.26-07-2012

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cannot and should not be an excuse for keeping his bills pending.

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In the circumstances, this writ application is disposed of with a direction to the concerned respondent, responsible for payment of the amount of bills of the petitioner, to examine his bills in the light of work done by him/it and ensure release of admissible amount of the bills to the petitioner positively within three months from the date of receipt/production of a copy of this order, if necessary, by arranging fund for the same, failing which,

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the said respondent shall be liable to pay an interest on the amount, at the rate of 12% compoundable yearly, from his own pocket. In case, the said respondent finds that the amount of bill or any part thereof is not payable to the petitioner, he shall communicate the same to the petitioner in specific terms, assigning reasons thereof, within that very period. In that event, petitioner shall be at liberty to seek his remedy in accordance with law before an appropriate forum and claim an adjudication in respect of his entitlement of the said amount with interest.

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(Jayanandan Singh, J)

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Pradeep/-

Kanti Prasad v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Kanti Prasad v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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