1 IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7332 of 2010 SHRI NIWAS DUBEY, son of Sri Shaligram Dubey, resident of village Satyendra Nagar, Durga Chowk, Road No.3, P.S. Aurangabad, District Aurangabad------------------petitioner Versus 1.THE DIRECTOR, National Thermal Power Corporation Limited, Kahalgaon Super Thermal Power Project, P.O. Kahalgaon, District Bhagalpur (Bihar) 2.The Senior Manager, Contracts, NTPC Ltd. 3.The D.G.M., M.E.-III Auto Base KH: S:TP:PA:NTPC-respondents ----------- For the petitioner :Mr.Tribhuwan Narayan,Advocate For the NTPC :Mr.Anil Kumar Sinha, Advocate ---- 5. 02.7.2010 The petitioner is aggrieved by the non-payment of the security money and the dues amount of the petitioner for providing services of 52 seater Bus to the respondent National Thermal Power Corporation and seeks a direction for payment of the same. In the counter affidavit filed on behalf of the respondents Nos. 1 to 3 it is stated that the petitioner had fraudulently given wrong information regarding the date of registration of the Bus and thus in terms of Clause 26 of the condition of the contract after due enquiry a penalty of 10% of the contractual amount was decided to be imposed for the entire period during which the Bus in question was in operation, i.e., from 15.2.2001 to 31.10.2002. 2 Further stand is that the earnest money deposited and the security deposited are to be released only after releasing final payment as per terms of the contract. In view of the aforesaid stand taken in the counter affidavit, the writ application is disposed of with a direction to the respondent authorities of the N.T.P.C. to calculate and make final payment to the petitioner in terms of their decision within a period of six weeks from the date of receipt/production of a copy of this order and within the same period also release the earnest money deposit and the security deposit made by the petitioner. So far as the statement of learned counsel for the petitioner against the penal deduction of 10% is concerned, the same may not be appropriately gone into in the writ jurisdiction. It would be open to the petitioner to challenge the same in appropriate proceedings before the appropriate forum. (Ramesh Kumar Datta,J.) spal/