9911796707
TMI Blog2025 (3) TMI 476X X X X Extracts X X X X X X X X Extracts X X X X ..... ormation which have been sought for by the Superintending Engineer of the Corporation in Annexure 'R/B'.
Liberty granted to the petitioner to submit a complete claim with all such information which have been sought for in Annexure 'R/B' within a period of two months from today - On receipt of the complete claim with the requirements in terms of Annexure 'R/B', the competent authority of the Corporation shall consider the same in accordance with law and keeping in view SBD Clause '35'. It is made clear that the prima-facie opinion expressed in paragraph '4' of the Letter (Annexure 'R/B') shall not come in the way of a fair consideration of the claim in accordance with law.
Application disposed off. X X X X Extracts X X X X X X X X Extracts X X X X ..... was successful in getting the work for construction of STF training building at Gaya. The Executive Engineer of the Corporation, Magadh Division Camp, Dehri-on-Sone executed the Agreement No. 35 SBD of 2014-15 dated 14.01.2015 for Rs. 33,45,87,383/- and supplementary agreement dated 16.09.2019 for Rs. 11,06,45,991/- and completed the work 99% approximately. 4. The petitioner submitted GST claim and M.N form which according to him was verified by the concerned Mining Officer but the grievance of the petitioner is that the Respondents did not pay the entire amount of royalty and held the payment of Rs. 28,76,000/- of royalty which has been deducted from the work done bill of the petitioner company. 5. Learned counsel for the petitioner sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntial amount which has arisen because of the GST paid by the petitioner on the works contract. 8. Mr. Prasoon Sinha, learned Senior Counsel for the Corporation has drawn the attention of this Court towards paragraph '18' of the counter affidavit. It is submitted that the petitioner had submitted incomplete claim. The competent authority of the Corporation communicated him in this regard vide Memo No. 1642 dated 10.11.2022 (Annexure 'R/B' to the counter affidavit) but the petitioner has not complied with the requirements which have been pointed out in Annexure 'R/B'. 9. In course of hearing of the writ application, when this Court called upon Mr. Prasoon Sinha, learned Senior Counsel to take a stand with regard to paragraph '4' of Annexure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall not come in the way of a fair consideration of the claim in accordance with law. 14. At the same time, this Court makes it clear that this Court is not expressing any opinion with regard to interpretation of SBD Clause '35' at this stage. 15. Let a speaking order on the claim of the petitioner be passed within two months from the date of receipt of the complete claim. The admitted claim shall be paid within one month thereafter and, in case, the petitioner would have any grievance with regard to the decision of the Respondent Corporation in not making payment either in full or in part, he will be at liberty to raise his grievance before appropriate forum. 16. Liberty is there to the petitioner to file the judicial pronouncements on ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
