IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.20175 of 2010 Amit Kumar S/O Sri Keshaw Prasad Singh R/O Vill. And P.O.- Tengraha, P.S.- Minapur, Distt.- Muzaffarpur … Petitioner Versus 1. National Hydro Electric Power Corporation Limited, At Enterprise Of Government Of India Through Its Chairman-Cum-Managing Director N.H.P.C. Office Complex, Sector-33, Faridabad- 121003 (Haryana) 2. The Chief Engineer (Civil), N.H.P.C. Limited Bihar Rural Roads Project, Vidyut Bhawan-Ii, 2nd Floor, Bailey Road, Patna-800021 3. M/S Umbrey Trade Agency Through Its Proprietor Sri Magane Umbrey S/O Late S. Umbrey P.O.- Roing, Distt.- Lower Dibang Valley, Arunachal Pradesh …. Respondents with CWJC No.4027 of 2011 M/s Umbrey Trade Agency, Roing, Arunachal Pradesh through its legal Attorney Deepak Kumar, son of Sri Nand Kishore Prasad, resident of Mohalla Madarpur, P.S. Laheria Sarai, District Darbhanga, Bihar. … Petitioner. . Versus 1. National Hydro Electric Power Corporation Limited, At Enterprise Of Government Of India Through Its Chairman-Cum-Managing Director N.H.P.C. Office Complex, Sector-33, Faridabad- 121003 (Haryana) 2. The Chief Engineer (Civil), N.H.P.C. Limited Bihar Rural Roads Project, Vidyut Bhawan-Ii, 2nd Floor, Bailey Road, Patna-800021 … Respondents. ----------- For the petitioner in C.W.J.C. : Mr. Pandit Jee Pandey, Advocate No.20175 of 2010 For the petitioner in C.W.J.C.: Mr. Krishna Kant Singh, Advocate No. 4027 of 2011 For Respondent no.3 in : Mr. Krishna Kant Singh, Advocate C.W.J.C. No. 20175 of 2010 For Respondent no.3 in : Mr. Pandit Jee Pandey, Advocate C.W.J.C. No. 4027 of 2010 For the remaining Respondents: Mr. Rajeshwar Prasad, Advocate in both the writ petitions -------- 07/ 21.07.2011 Heard learned counsel for the petitioners and learned counsel for the respondents. 2. C.W.J.C. No. 20175 of 2010 has been filed by petitioner-Amit Kumar, who was earlier Attorney holder of M/S Umbrey Trade Agency, being aggrieved by the action of the Agency, - 2 - appointing a new Attorney, namely, Deepak Kumar, for a direction to respondent- National Hydro Electric Power Corporation Limited (hereinafter referred to as `the Corporation’ for the sake of brevity ) for payment of the due amount for the work completed by him, which was allotted to M/S Umbrey Trade Agency and for other ancillary reliefs. 3.. C.W.J.C. No. 4027 of 2011 has been filed by petitioner-M/S Umbrey Trade Agency through its new Attorney Deepak Kumar for a direction to respondent-authorities to accept the Power of Attorney executed in favour of the said Deepak Kumar as lawful Attorney of the petitioner and to allow him to complete the ongoing projects without any objection and for a direction to release the payment in favour of the petitioner for the works completed by him as well as for other ancillary reliefs. 4. From the facts and circumstances of the case as well as from the arguments of learned counsel for the parties including the Corporation, it is not in dispute that there was an agreement between the Corporation and MS Umbrey Trade Agency with respect to construction and maintenance of roads allotted by the Chief Engineer of the Corporation through several packages, letters of acceptance, agreements and work orders. The only dispute is with respect to the question as to who is the authorized Attorney of M/S Umbrey Trade Agency, Roing, Arunachal Pradesh. It is also stated that the work is continuing and is being done by M/S Umbrey Trade Agency through its new Attorney Deepak Kumar. - 3 - 5. I.A. No. 4328 of 2011 has been filed, in which an affidavit has been sworn by both Amit Kumar and Deepak Kumar stating that there has been an amicable settlement between the parties and the disputes involved in both the writ petitions have been resolved outside the Court on the following terms and conditions :- “(i) NHPC (Employer) will release the payment in favour of M/s Umbrey Trade Agency for the work already done immediately. (ii) M/s Umbrey Trade Agency would release the admitted payment in favour of Amit Kumar on receiving the fund from NHPC. (iii) Mr. Deepak Kumar as the new Attorney of M/s Umbrey Trade Agency will complete the remaining works in all the incomplete packages which were left over by Mr. Amit Kumar, Ex-Attorney of M/s Umbrey Trade Agency and Mr. Deepak Kumar will receive payments on behalf of M/s Umbrey Trade Agency from N.H.P.C. for the work done through cheques. (iv) The securities and Bank guarantees deposited under contract of all the packages will be returned by N.H.P.C. to M/s Umbrey Trade Agency. (v) N.H.P.C. will not ask for fresh security and Bank guarantee from Sri Deepak Kumar for completion of works in packages allotted already to M/s Umbrey Trade Agency as security and Bank guarantee already exists and Amit Kumar has no objection for the continuation of the same. In case of any fresh contract for new package made between N.H.P.C. and M/s Umbrey Trade Agency, Sri Deepak Kumar will deposit the required securities and Bank guarantees.” - 4 - 6. Thus, it is quite apparent that there is a compromise between the contesting authorities that Deepak Kumar will remain the Attorney of M/S Umbrey Trade Agency. This fact has also been accepted by the authorities of the Corporation in paragraph no.3 of their counter affidavit filed in C.W.J.C. No. 4027 of 2011 and a copy of the acknowledgement of the Chief Engineer of the Corporation dated 16.04.2011 has also been annexed to the said counter affidavit as Annexure `A’. 7. In the said circumstances, both the writ petitions are disposed of in terms of the said compromise as well as in view of the statements made in the counter-affidavit filed by respondent- Corporation. 8. It is clear that the work is continuing and hence any demand for payment, if required, can be made by M/S Umbrey Trade Agency through its Attorney Deepak Kumar before the Corporation, which will consider the same and decide it in accordance with law. If M/S Umbrey Trade Agency claims any dues, it must file an application before the Chief Engineer of the Corporation within four weeks from today along with a copy of this order giving details of its claims in the said application. If such an application is filed within the aforesaid time, the said authority shall decide the same by a speaking order in accordance with law within four months thereafter and shall pay all the admitted and payable dues to M/S Umbrey Trade Agency immediately thereafter. If any amount claimed is not found admitted and payable by the said authority in the said order, petitioner-M/s - 5 - Umbrey Trade Agency will be entitled to challenge the same before an appropriate forum. MPS/ (S.N.Hussain, J.)