IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10753 of 2004 BASANT KUMAR SINHA, SON OF LATE HRIDAY RANJAN SINHA, Z-5, H.I.G., ASHIANA NAGAR, PATNA-25, PARTNER M/S B.K.SINHA R.K.SINHA ----PETITIONER Versus 1.THE UNION OF INDIA, THROUGH THE SECRETARY, MINISTRY OF INDUSTRIES AND STEEL, GOVT. OF INDIA, NEW DELHI 2.HINDUSTAN STEEL WORKS CONSTRUCTION LIMITED THROUGH THE GENERAL MANAGER, SHAKESPEAR SARANI, 8TH FLOOR CALCUTTA- 700 073 3.DY. GENERAL MANAGER, HINDUSTAN STEEL WORKS CONSTRUCTION LTD. 323, KAIRU RANCHI, JHARKHAND 4.DEPUTY GENERAL MANAGER, HINDUSTAN STEEL WORKS (H.S.W.)CONSTRUCTION LTD. LAND DEVELOPMENT BANK BUILDING, 3RD FLOOR, BUDHA MARG, PATNA-1 5.SENIOR PROJECT MANAGER, HINDUSTAN STEEL WORKS CONSTRUCTION LTD. INCHARGE OF CONSTRUCTION OF NAVADYA VIDAYALAYA AT SEIHANPUR BEGUSARAI 6.MINISTRY OF HUMAN RESOURCES, THROUGH ITS SECRETARY, GOVT. OF INDIA, NEW DELHI 7.DIRECTOR, NAVADAYA VIDYALAYA, SANITHAN NEW DELHI -RESPONDENTS with CWJC No.13811 of 2004 BASANT KUMAR SINHA, PARTNER M/S B.K.SINHA S.K.SINHA, SON OF LATE HRIDAY RANJAN SINHA, Z-5, H.I.G., ASHIANA NAGAR, PATNA-25 --- PETITIONER Versus 1.UNION OF INDIA, THROUGH THE SECRETARY, MINISTRY OF INDUSTRIES AND STEEL, GOVT. OF INDIA, NEW DELHI 2.HINDUSTAN STEEL WORKS CONSTRUCTION LIMITED, THROUGH THE GENERAL MANAGER, SHAKESPEAR SARANI, 8TH FLOOR, CALCUTTA- 700 073 3.DY. GENERAL MANAGER, HINDUSTAN STEEL WORKS LTD., 323, KAIRA RANCHI, JHARKHAND 4.DEPUTY GENERAL MANAGER, HINDUSTAN STEEL WORKS (H.S.W.) CONSTRUCTION LTD. LAND DEVELOPMENT BANK BUILDING, 3RD FLOOR, BUDHA MARG, PATNA-1 5.SENIOR PROJECT MANAGER, HINDUSTAN STEEL WORKS CONSTRUCTION LTD., INCHARGE OF CONSTRUCTION OF DEVELOPMENT WORK INCLUDING EXTERNAL SERVICES AND OVER HEAD TANK, NAVODAY VIDYALAY, BISHNUPUR, BEGUSARAI 2 6.SENIOR PROJECT MANAGER, HINDUSTAN STEEL WORKS CONSTRUCTION LTD., INCHARGE FOR BALANCE LEFT OVER JOB NAVODAY VIDYALAYA, SAMASTIPUR, PHASE-II 7.SENIOR PROJECT MANAGER, HINDUSTAN STEEL WORKS CONSTRUCTION LTD., INCHARGE FOR CONSTRUCTION OF O.S.UNIT, DORIMATORY, NAVODAY VIDYALAYA, BIRAULI, SAMASTIPUR 8.SENIOR PROJECT MANAGER, HINDUSTAN STEEL WORKS CONSTRUCTION LTD., INCHARGE FOR CONSTRUCTION OF 12 NOS. OF SINGLE QUARTERS, NAVODAYA VIDYALAYA, BIRAULI, SAMASTIPUR 9.SENIOR PROJECT MANAGER, HINDUSTAN STEEL WORKS CONSTRUCTION LTD., INCHARGE FOR DEVELOPMENT WORK CONSTRUCTION OF OVER HEAD TANK AND ELECTRIFICATION, NAVODAYA VIDYALAYA, HAZIPUR 10.MINISTRY OF HUMAN RESOURCES, THROUGH IT’S SECRETARY, GOVT. OF INDIA, NEW DELHI 11.DIRECTOR, NAVODAYA VIDYALAYA SANSTHAN, NEW DELHI -----RESPONDENTS ----------- For the petitioner in both the cases : Mr.Ajit Kumar, Advocate For the Union of India in both the cases: Mr.Binay Kr.Pandey, C.G.C. For the respondent H.S.W.C.L. in both the cases:Mr.Manish Kumar,Advocate ------ 7. 20.9.2010 Both the writ petitions pertain to old dues of the petitioner for the execution of certain contract by the petitioner firm in relation to Navodaya Vidyalaya Samiti, which had given the principal contract to the respondent Hindustan Steel Works Construction Limited. The petitioner claims that despite all the works having been completed the respondents are not settling the bills of the petitioner raising one or the other plea; sometimes stating that the final bills have to be submitted by the petitioner and at other time agreeing that all the payments will be made on receipt of the payments from the Navodaya Vidyalaya. 3 In the first writ petition it is submitted that, as a matter of fact, the entire amount had been received by the respondent H.S.W.C.L. from the Navodaya Vidyalaya Samiti. Be that as it may, several issues regarding the procedure to be followed before the final payment can be released to the petitioner have been raised. It is not the case of the respondent H.S.W.C.L. that the petitioner has not done the work for it. The only issue is as to what formalities are to be completed before the final bill is cleared by the respondents. In the above circumstances, both the writ applications are disposed of with a direction that the petitioner shall file detailed separate representations in both the matters before the General Manager, Hindustan Steel Works Construction Limited, who shall consider and dispose of the same by a reasoned order within a period of three months from the receipt of the said representations and whatever dues are found to be payable to the petitioner, the same shall also be paid to the petitioner firm within a further period of two months thereafter. (Ramesh Kumar Datta,J.) Spal/