Disposed

M/s Shaligram Singh v. The State Of Bihar and Ors.

Patna HC22 Feb 2013CWJC/2298/2013

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What is this about?

This oral order disposed of two writ petitions filed by a contractor against the State of Bihar seeking payment of pending bills. The court held the applications infructuous after a common order withdrew the contract rescission and granted the petitioner time to complete work, directing the State to pay pending bills promptly.

What did the court decide?

Applications disposed of as infructuous; direction to respondents to ensure expeditious payment of pending bills in terms of contract clauses.

M/s Shaligram Singh Vs The State Of Bihar and… — Contract and Commercial Disputes | Patna HC (2013)

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Patna High Court CWJC No.2298 of 2013 (3) dt.22-02-2013

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	IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2298 of 2013 ======================================================
	M/S Shaligram Singh .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ======================================================
	with Civil Writ Jurisdiction Case No.2328 of 2013 ======================================================
	M/S Shaligram Singh .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER
3	22-02-2013 Heard learned counsel for the petitioner and learned counsel for the State in both the cases. Both the writ applications relate to the same petitioner and have been filed on account of the rescission of the contract in both the cases.

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In the supplementary affidavits filed in both the cases, it is stated that by a common order dated 18.2.2013 rescindment has been withdrawn and the petitioner has been given time till 31.3.2013 to complete the work.

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Learned counsel for the petitioner submits that a number of bills of the petitioner with respect to the present contracts are pending and unless the bills are paid in terms of the contractual

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Patna High Court CWJC No.2298 of 2013 (3) dt.22-02-2013

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stipulations, it would be difficult for the petitioner to complete the work by 31.3.2013 as per the undertaking submitted by him to the Department and the order dated 18.3.2013 issued thereafter.

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Learned counsel for the State does not oppose the prayer of the petitioner for payment of bills but submits that any payment can only be made in terms of Clauses 6, 7 and 8 of the Clauses of Contract in the S.B.D.

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In the aforesaid circumstances, both the writ applications are disposed of as infructuous with the direction that the respondents must ensure that payments are made to the petitioner expeditiously with respect to pending bills in terms of Clauses 6, 7 and 8 and other relevant provisions of the S.B.D.

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V.P.Sinha/-

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(Ramesh Kumar Datta, J)

M/s Shaligram Singh v. The State Of Bihar and Ors.

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M/s Shaligram Singh v. The State Of Bihar and Ors.

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