Disposed

Arjun Sharma v. The State Of Bihar and Ors.

Patna HC23 Apr 2019CWJC/20559/2018

Case brief

AI extract

What is this about?

In a writ petition regarding unpaid dues for 'Fram Loom' supply, the single judge directed the petitioner to submit a written representation within 30 days. The respondent authority was directed to consider the grievance and admit dues within 90 days. The application was disposed of without detailed fact-finding.

What did the court decide?

Petitioner directed to submit representation within 30 days; respondent authority directed to consider and dispose within 90 days, including payment of admitted dues.

Arjun Sharma Vs The State Of Bihar and Ors. — Contract and Commercial Disputes | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20559 of 2018

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Arjun Sharma Proprietor Messers Sharma Furniture, Biharsharif, P.S.Biharsharif, District- Nalanda.

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... ... Petitioner

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Versus

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The State Of Bihar through the Principal Secretary, Bihar State Handloom Cooperative Union, Patna.

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The Managing Director (BISHCOTEX), Bihar State Handloom Cooperative Union, Rajendra Nagar, Patna-800016.

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The Chairman, Bihar State Handloom Co-operative Union, Rajendra Nagar, Patna.

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The Chief Manager, District Industry Center, Nalanda at Biharsharif.

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The Chief Manager, District Industry Center, Bhagalpur, Bihar.

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The State of Bihar through Principal Secretary, Industry Department, Patna.

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... ... Respondents

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Appearance : For the Petitioner/s : Mr.Sanjay Kumar Sharma For the Respondent/s : Mr.Kinkar Kumar -Sc9 ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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2 23-04-2019

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The dispute between the parties in this case relates to supply of certain ‘Fram Loom’ and payment thereof. The petitioner claims that he had got order for supply of 68 ‘Fram Loom’ after depositing the security money of Rs. 35000/-. It is the case of the petitioner that earlier he had supplied some ‘Fram Loom’ against which some payments are also still outstanding.

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Learned counsel representing the respondent no. 2 has drawn attention of this court towards Annexure ‘7’ to the writ application. Annexure ‘7’ is letter bearing no. 400 dated 09.07.2018 written by the Managing Director, Bihar State

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Patna High Court CWJC No.20559 of 2018(2) dt.23-04-2019 2/3

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Handloom Weaver Cooperative Union Limited, Rajendra Nagar, Patna addressed to the petitioner. Learned counsel submits that on perusal of the said letter, it would appear that the petitioner has been called upon to make available certain details so that the respondent no. 2 may come to know that who is liable for how much payment.

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Respondent no. 2 has also admitted that a sum of Rs. 10,000/- is outstanding and the same is to be paid to the petitioner. It is submitted that if the petitioner furnishes all the details and submits a representation raising his grievance before the respondent no. 2, the same may be considered and a decision thereon may be taken to redress the grievance of the petitioner.

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Considering the facts and circumstances of the case, the nature of the reliefs prayed in the writ application and the submissions made at the bar, it appears to this court that there are certain disputed issues which are required to be looked into and since the respondent no. 2 has come forward to submit that he is ready and willing to consider the grievance of the petitioner and take a decision thereon, this court finds no reason to go into the detail fact finding exercise in this writ application. The petitioner, if so advised, may approach respondent no. 2 with appropriate representation containing his grievance with all

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Patna High Court CWJC No.20559 of 2018(2) dt.23-04-2019 3/3

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supporting materials and prayer, and if such representation is submitted before respondent no. 2 within a period of 30 days from today, the same will be considered and will be disposed of within a period of 90 days from the date of submission of representation.

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It goes without saying that the admitted dues of the petitioner shall also be paid within the same period. In case, the petitioner shall feel aggrieved by the decision of respondent no. 2 he will have liberty to challenge the same in accordance with law.

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This writ application is, thus, disposed of accordingly.

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(Rajeev Ranjan Prasad, J)

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Rajeev/-

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Arjun Sharma v. The State Of Bihar and Ors.

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Arjun Sharma v. The State Of Bihar and Ors.

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