Disposed

Ghanshyam Vyas v. the State of Bihar and Ors.

Patna HC12 Sept 2012CWJC/8667/2011

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What is this about?

The Court disposed of a writ application filed by a supplier seeking payment of admitted dues for polythene sheets supplied under government orders. The Court directed the responsible respondent to examine bills and pay the admissible amount within three months. Failure to arrange funds would attract liability to pay 12% compound interest from the respondent's own pocket.

What did the court decide?

Direction to examine bills and pay admitted amount within three months; liability for 12% compound interest if funds not arranged.

Ghanshyam Vyas Vs the State of Bihar and Ors. — Maintenance and Alimony | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8667 of 2011

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====================================================== 1. Ghanshyam Vyas S/O Madan Lal Vyas For M/S Climax Synthetics Pvt. Ltd. Barodara At Present National Market, Near Kiran Talkies, P.S.Sitamarhi, Distict- Sitamarhi

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.... .... Petitioner/s Versus 1. The State Of Bihar 2. The Commissioner Cum Secretary, Department Of Disaster Management, Bihar, Patna 3. The Commissioner Tirhut Division, Muzaffarpur 4. The District Management Authority, District- Sitamarhi 5. The Additional Collector, Disable Management Cum Chief Executive Officer, District Disable Management Cum Chief Executive Officer, District Disable Management Authority, Sitamarhi

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.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : M/s Sharad Kr. Sinha and Pushpendra Kr. Singh For the Respondent/s : Mr. Nagendra Sharma, A.C. to G.P.8 ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

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5 12-09-2012 Petitioner has filed this writ application for a direction to the respondents for payment of his admitted dues.

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Case was taken up by a Bench of this Court on 13.7.2011 and learned counsel for the respondents was allowed four weeks time to seek instructions and file counter affidavit. Respondents were also given liberty to take steps for payment of admitted dues. However, till today, neither any counter affidavit has been filed nor, as per learned counsel for the petitioner, any payment has been made.

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As per case of the petitioner, under orders of the

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Patna High Court CWJC No.8667 of 2011 (5) dt.12-09-2012

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competent authority, he supplied 10,000 polythene sheets as per supply order dated 27.5.2010. Petitioner again got supply order for further polythene sheets and he supplied entire quantity of sheets, as ordered. Thereafter, he submitted his bills. Submission is that till today, respondents have not taken any final decision in respect of bills nor have they paid admitted amount of the petitioner.

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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 also 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 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

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Patna High Court CWJC No.8667 of 2011 (5) dt.12-09-2012

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order, if necessary, by arranging fund for the same, failing which, 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/-

Ghanshyam Vyas v. the State of Bihar and Ors.

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Ghanshyam Vyas v. the State of Bihar and Ors.

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