V. P. Jain v. Central Coalfields Limited, through its Managing Director, Darbhanga House, Ranchi
2010-01-06
R.K.MERATHIA
body2010
DigiLaw.ai
JUDGMENT Heard. 2. It is submitted by Mr. S. Piprawall, learned counsel appearing for the petitioner submitted as follows. The respondents awarded the Work of construction of B type quarters-1( one) four storeyed block of 16 units, C type-1( one) triple storeyed block of 6 units, D type-1(one) unit single storeyed for Kedla Washery ( Tender notice no. 2 of 93-94) to the petitioner. The work was completed on 22.7.1996 and the buildings were handed over but though the claims were never disputed but payments have not been made, in spite of repeated requests. From the Circular/Letter dated 4.5.2007 ( Annexure-8), it will appear that in the capital budget of 2007-08, provision has been made for the said claim in serial no. 3 "Res. Building ( item no. 3.5) to the tune of Rs.7,12,000/-. Thereafter also, several representations were made but the said payment is still unpaid. Even the earnest money of Rs.2,65,000/- has not been returned. 3. Counsel for the respondents, on the other hand, submitted that in the absence of counter affidavit, he is not in a position to say anything and that it is also to be seen whether the claim of the petitioner has become time barred or not. 4. On this, Mr. Pipra wall submitted that the budgetary provision for the year 2007-08 was made also with regard to the said payment, only under the said Circular/Letter dated 4.5.2007 and therefore the claim cannot be said to be time barred. 5. I find some force in the submission of Mr. Piprawall that provision has been made for such payment in the said Circular/Letter dated 4.5.2007 and therefore the claim cannot be said to be time barred. However, petitioner is given liberty to make a fresh representation before the General Manager (Civil), Central Coalfields Ltd., Darbhanga House, Ranchi ( respondent no. 2), giving details of his claim, along with a copy of the Circular/Letter. If the claim is found undisputed, the same should be paid to the petitioner. If, however, the claim/part of it is disputed, the reasons thereof should be communicated to the petitioner. This exercise should be completed within six weeks from the date of receipt of such representation.
2), giving details of his claim, along with a copy of the Circular/Letter. If the claim is found undisputed, the same should be paid to the petitioner. If, however, the claim/part of it is disputed, the reasons thereof should be communicated to the petitioner. This exercise should be completed within six weeks from the date of receipt of such representation. If undisputed amount is not paid within the said time, petitioner will also be entitled to a compensatory interest on undisputed amount @ Rs.10% per annum from the date of filing of such representation till date of payment. It is made clear that this Court has not gone into the merits of the claim of the petitioner. With these observations and directions, this writ petition is disposed of.