IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4909 of 2010 M/S Trishul Construction, At & P.O.- Balmikinagar, West Champaran At Present 205, Ashiana Tower, Exhibition Road, Patna Through Its Partner Chandra Prakash Gupta, S/O Sushil Kumar Gupta. R/O Mohalla- Bank Road Bagaha Bazaar, P.S.- Bagaha, Distt.- West Champaran …Petitioner Versus 1. East Central Railway Through Its Chief Administrative Officer, North East Central Railway, Mahendru Ghat, Patna 2. The Chief Engineer, Construction, N-I E.C. Railway, Mahendru Ghat, Patna Null Null 3. The Deputy Chief Engineer, Construction, N-1, E.C.Railway, Darbhanga 4. The Financial Advisor, F A/Con, E.C.Railway, Mahendru Ghat, Patna … Respondents ---------------------------------- For the Petitioner : M/s Naresh Kumar Melhotra, Sr. Advocate, Binod Kumar Sinha, Santosh Kumar. Verma & Miss Mariya Fatima, Advocates. For the Respondents : Mr. Mahesh Prasad & Mr. Arvind Ujjwal, Advocates. ------------------------------- 04/ 02.12.2011 Heard learned counsel for the petitioner. 2. No one appears for the respondents. On earlier occasion also, no one appeared for the respondents when the case was taken up on 21.10.2011. 3. This writ petition has been filed by the petitioner for directing respondent-authorities of East Central Railway, Patna to settle the final bill of the petitioner forth with and make payment of the petitioner’s dues with respect to contractual work of construction/rebuilding of sub-structure (on open foundation) of major bridge nos. 63, 64 and 65A between Sitamarhi and Narkatiyaganj Stations in connection with the gauge conversion work of Jaynagar, Darbhanga-Narkatiyaganj Section. 2 4. Learned counsel for the petitioner claims that the petitioner completed the work under the supervision of the Railway authority and as per their specifications the work was completed during the validity of the tender period i.e. by 30.06.2008, whereafter the Deputy Chief Engineer of the E.C. Railway, Darbhanga issued certificate for satisfactory completion of work in terms of Clause 48 of the General Conditions of Contract. 5. Learned counsel for the petitioner further claims that the record also shows that the work has been satisfactorily completed, but the petitioner had been paid only part of the contractual amount and the remaining amount is not being paid to it on the illegal and arbitrary assumption that the work had not been completed. In this connection, learned counsel for the petitioner has relied upon completion certificate dated 23.12.2009 (Annexure 4) as well as the applications dated 24.11.2009 and 25.01.2010 (Annexures 2 and 3). 6. Considering the facts and circumstances of the case as well as the materials on record, this writ petition is disposed of with a liberty to the petitioner to approach the Deputy Chief Engineer, Construction, N-1, E.C. Railway, Darbhanga (respondent no.3) along with an application giving details of its claim with respect to the remaining dues with interest. If such an application is filed by the petitioner within fifteen days from today along with a copy of this order, the said authority shall consider the same in accordance with law as well as the documents and records etc. mentioned above showing completion of work by the petitioner and 3 shall decide the same by a speaking order within three months thereafter. If any amount is found to be admitted and payable, it should be paid to the petitioner immediately thereafter. However, if any amount or interest is not found admitted and payable in the said order, the petitioner will be at liberty to challenge the same before an appropriate forum. 7. Till disposal of the aforesaid application, which is going to be filed by the petitioner within fifteen days from today, the operation of the order dated 10.01.2011 (Annexure 7), issued by the Deputy Chief Engineer, Eastern Central Railway, Darbhanga vide memo no. DCE/C/I/DBG/WT/10-11/01 dated 10.01.2011 shall remain stayed. MPS/ ( S. N. Hussain, J.)