IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 10692 of 2005 Hindustan Steel Works Construction Limited through its Senior Manager, namely, Umesh Prasad Pandey, son of late Baudhu Pandey, Hindustan Steel Works Construction Limited, 03rd Floor, Land Development Building, Budh Marg, P S - Kotwali in the district of Patna - Petitioner Versus 1 The Bihar Police Building Construction Corporation, Patna through its Chairman 2 The Chairman-cum-Managing Director, Bihar Police Building Construction Corporation, BMP More, Phulwarisharif, Patna 3 The Accounts Officer, Bihar Police Building Construction Corporation, Patna 4 The Chief Technical Advisor, Bihar Police Building Construction Corporation, Patna - Respondents ----------- 3 19.12.2008 Petitioner, which is a Government of India undertaking, had undertaken various works in various Divisions in Bihar from the Bihar Police Building Constructions Corporation. Payments were due but were not being made at the initial stage on ground of lack of fund. Now a counter affidavit has been filed in which it is stated in paragraph-3 that about Rs 8 lacs worth work is not payable. With regard to other liability, nothing specific has been said. Thus, this Court finds that other outstanding dues are not disputed and are payable. I, therefore, have no option but to hold that withholding entire payments in excess of Rs 50 lacs for a dispute with regard to about Rs 8 lacs is arbitrary on the face of it and does not behoove of a Government Corporation. I, therefore, direct that except, in so far as the amounts mentioned in paragraph-3 of the counter affidavit is concerned, the rest of the payment shall be made to the petitioner within one month from today failing which the same shall be payable alongwith interest at the rate of 12%. So far as the amounts mentioned in paragraph-3 are 2 concerned, it will be open to the petitioner to agitate the matter in appropriate forum, as advised. With these observations, the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh)