Patna High Court
M/S Satav Shankar Engineers (Jv) vs The East Central Railway on 6 December, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14903 of 2019
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M/s Satav Shankar Engineers (JV) a Joint Venture Firm havint its Office at H
Q -5, Madhusudan Kunj, Basant Bihar Colony, Off Boring Road, Patna -
800001, through its Director and Authorized Signatory, Ram Krishna Kumar,
Son of Madhusudan Prasad Bhagat, Resident of 5, Madhusudan Kunj, Basant
Bihar Colony, Boring Road, Patna- 800 001, P.S. S.K Puri Town and District-
Patna.
... ... Petitioner/s
Versus
1. The East Central Railway through the Chief Administrative
Officer(Construction), East Central Railway, Mahendru Ghat, Patna.
2. The General Manager, East Central Railway, having its Office at Hajipur,
District- Vaishali.
3. The Financial Advisor and Chief Accounts Officer( Construction), East
Central Railway, Mahendru Ghat, Patna.
4. The Chief Engineer, (Construction), (N.E.) East Central Railway having its
Office Situated at Mahendru Ghat, Patna.
5. The Dy. Chief Engineer(Construction), East Central Railway, Hajipur,
District- Vaishali.
6. The Exeuctve Engineer (Construction), East Central Railway, Hajipur,
District- Vaishali.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. S.D.Sanjay, Sr. Advocate
Ms. Parul Prasad, Advocate
Mr. Alok Kumar Agrawal, Advocate
For the Respondent/s : Mr. Kumar Priya Ranjan, CGC
Mr. Ankur Apurv Singh, Advocate
Mr. Girish Nandan Abhishek, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date: 06-12-2022
Petitioner has prayed for the following relief(s):-
"i. For issuance of an appropriate order/ direction,
upon the Respondents to release the Security
Patna High Court CWJC No.14903 of 2019 dt.06-12-2022
Deposits deducted from the Running Bills of the
Petitioner, which was balance 5% of the contract
value to the tune of Rs.2,33,94,935/- which includes
the E.M.D. amount consequent upon the foreclosure
of the Contract by the Respondent Chief
Administrative Officer (Construction) due to
shortage of the fund and further consequent upon the
Work Completion Certificate issued by the
Respondent- Chief Engineer (Con) for the work done
by the Petitioner and further on already release of the
Performance Guarantee furnished by the Petitioner
to the tune of Rs.2,35,00,000/-;
ii. For issuance of a direction upon the
Respondents directing them to prepare the
Running/Final Bills and PVC Bills of the Petitioner
for the work executed by the Petitioner with further
direction to pay the same;
iii. For appointment of a Sole Arbitrator with
consent of the Respondents for adjudicating the
issues involved in the present Writ Petition in the
event, if the relief's sought for as above could not be
granted by this Hon'ble Court and/or for any other
relief(s) for which the Petitioner may be found
entitled to in the facts and circumstances of the
present case."
Shri S.D.Sanjay, learned senior counsel for the
petitioner seeks permission to withdraw the present petition
reserving liberty to take recourse to such remedies as provided
under the Arbitration and Conciliation Act.
Patna High Court CWJC No.14903 of 2019 dt.06-12-2022
Shri Sanjay states that the process would be
initiated within a period of two weeks from today.
Shri Kumar Priya Ranjan, learned counsel for the
respondents, states that steps in terms of Clause 63/64 of the
GCC, shall be taken expeditiously and not later than the period
prescribed therein or two months, which ever is later in point of
time, in accordance with law.
Statement accepted and taken on record.
Petition stands disposed of in the aforesaid
terms.
Interlocutory application(s), if any, shall also
stand disposed of.
(Sanjay Karol, CJ)
( Partha Sarthy, J)
Sujit/-
AFR/NAFR
CAV DATE
Uploading Date 08.12.2022
Transmission Date
