M/S Kunal Bsbk Joint Venture Pvt. Ltd vs Chhattisgarh Housing Board
2025 Latest Caselaw 3309 Chatt

Chattisgarh High Court

M/S Kunal Bsbk Joint Venture Pvt. Ltd vs Chhattisgarh Housing Board on 26 June, 2025

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       Digitally    HIGH COURT OF CHHATTISGARH AT BILASPUR
       signed by
       YOGESH
YOGESH TIWARI
TIWARI Date:
       2025.06.26                WPC No. 6197 of 2024
       19:18:40
       +0530
                    M/S KUNAL BSBK JOINT VENTURE PVT. LTD.
                                           versus
                           CHHATTISGARH HOUSING BOARD

                                       Order Sheet



        26/06/2025          Mr. Abhishek Rastogi and Mr. Bhishma Ahluwalia,

                     Advocates for the petitioner.

                            Mr. Amrito Das, Advocate for respondent.

The matter relates to tender, in which petitioner has

sought for following reliefs :-

"10.1 That the Hon'ble Court may kindly be pleased to issue Writ of Mandamus, or a Writ in the nature of Mandamus, or any other appropriate Writ, Order or direction, quashing and setting aside decisions dated 21.12.2017 and 02.05.2024 of the Respondent in its entirety with consequential relief to the Petitioner;

10.2 That the Hon'ble Court may kindly be pleased to issue Writ of Mandamus, or a Writ in the nature of Mandamus, or any other appropriate Writ, Order or direction, directing the Respondent to release the payments to the extent of reimbursement of GST amounting to Rs. 9,18,32,861/-on services provided by Petitioner under impugned Contract along with interest @ 18% p.a. as per section 50 of the CGST Act, 2017for the delay in releasing the payment to be computed from the date of submission of invoice till the date of reimbursement ofGST by the Respondent.

10.3 Respondent for costs of the petition and orders thereon; and

10.4 for such further and other reliefs, as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

According to order passed by Full Bench of this Court

vide order dated 06.05.2025 passed in WPC No.2154/2025

(A.K. Construction and another v. State of Chhattisgarh and

others), perhaps this matter will be heard by the Division

Bench of this Court. Paragraphs-7 and 8 of the said

judgment is relevant for the purpose, which are reproduced

herein-below for easy reference :-

"7. Rule 23(1)(iv) of the Rules of 2007, as it stood earlier, was clear and unambiguous that the matters pertaining to Contract / Tender concerning to the Government / Public Undertaking / Local Bodies / Statutory Bodies would be heard by a Division Bench. Rule 23(1)(iv) of the Rules of 2007, as it stands today, has created a situation of confusion with respect to hearing of the matter relating to tender/contract by a particular Bench, whether it be listed before the Division Bench or before the Single Bench. We find no justification in observation made by a Division Bench of this Court in WPC No. 2414/2016 on 27.09.2016.

8. In order to remove the sense of ambiguity with regard to listing of the cases relating to tender/contract either before the Single Bench or the Division Bench, which exists today because of the Notification dated 04.04.2017, we are of the considered opinion that all the matters relating to tender / contract concerning to the Government / Public Undertaking / Local Bodies / Statutory Bodies, should be heard by Division Bench and Rule 23(1)(iv) of the Rules of 2007 as it stood earlier prior to Notification dated 04.04.2017, should prevail."

In that view of the matter, Registry is directed to place

this matter before Hon'ble Division Bench after obtaining

necessary instructions from Hon'ble The Chief Justice.

Sd/-

(Amitendra Kishore Prasad) Judge

Yogesh