Patna High Court
M/S Pile Engineers India Private ... vs The National Buildings Construction ... on 7 April, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4352 of 2016
======================================================
M/s Pile Engineers (India) Private Limited having its registered office at 1 st
Floor, Jassinandan Plaza, New Dakbunglow Road, P.S. Gandhi Maidan,
District Patna through its Managing Director namely Manoranjan Kumar
Sinha, Son of Late Radha Krishna Sinha, resident of Langertoli Gali, Nala
Road, P.S.- Kadamkuan, District- Patna.
... ... Petitioner/s
Versus
1. The National Buildings Construction Corporation Ltd. through its Chairman
cum Managing Director, N.B.C.C. Bhawan, Lodi Road, New Delhi
2. The Managing Director, N.B.C.C. Bhawan, Lodi Road, New Delhi.
3. The Chief General Manager, N.B.C.C. Limited, S.B.G.- Infrastructure
Behind Ghitorni Metro Station,
4. The General Manager Finance, The N.B.C.C. Ltd. behind Ghitorni Metro
Station, New Delhi.
5. The Deputy General Manager, The N.B.C.C. Limited, Chimney and
Chimney Elevator Package, Kahalgaon S
6. That National Thermal Power Corporation Ltd. through its Chairman cum
Managing Director having registered offrice at N.T.P.C. Scope Complex, 7,
Institutional Area, Lodhi Road, New Delhi.
7. The General Manager, Kahalgaon Super Thermal Power Project, P.O.-
Kahalgaon STP, District- Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : M/s J.S. Arora, Sr. Advocate
Manoj Kumar, Ravi Bhatia
Rakesh Kumar, Advocates
Himanshu Shekhar, Advocates
For the Respondent : Mr. Satish Kumar Sinha, Advocates
Nos. 1 to 5
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 07-04-2025
1. The petitioner has filed the Writ petition
for the following reliefs:
"i). For commanding the respondent
authorities to pay the entire admitted
Patna High Court CWJC No.4352 of 2016 dt.07-04-2025
2/6
dues of the petitioner as per works
executed by it and as per the records of
the respondents, pursuant to the work
awarded as per Tender notice no.
4756/NBCC/IZ/KhSTPP/NIT/03-01 dated
26.11.2004
, amount of which comes to
Rs. 67,68,308/-.
ii). For commanding the respondent
authorities for refund of illegally and
wrongly deducted amount of the
petitioner under the heading VAT,
Service Tax, Labour Cess etc. as they
were not applicable towards the
petitioner, nor under the law the
respondent were entitled to make any
deduction under those heads which
amount on calculation as per the entry
made in the Measurement book
maintained by the respondent comes to
Rs. 6,95,763/-.
iii). For commanding the respondent
authorities to refund the amount of
Security deposit, earnest money, keep
back money with held amount deducted
and other deductions made from the
bills of the petitioner, which on
calculation as per the records of the
respondents comes to Rs. 11,24,634.00.
iv). For commanding the respondent
Patna High Court CWJC No.4352 of 2016 dt.07-04-2025
authorities to pay interest @ 18% p.a.
on the entire amount payable to the
petitioner & wrongfully withheld by the
respondent authorities.
v). For commanding the respondents to
produce in Court all Measurement
Books and all running on Account Bills
maintained and prepared by them in
regard to the works done by the
petitioner under the aforesaid tendered
work.
vi). For commanding the respondent
authorities to issue T.D.S. Certificate to
the petitioner in regard to the amount
deducted in 22nd running on account
bills or in the alternative to refund the
amount deducted towards T.D.S. with
interest thereon @ 18% p.a.
vii). Also for any other appropriate
relief(s) to which the petitioner is found
entitled either in the eye of law or in the
facts and circumstances of the case."
2. Heard the Learned Senior counsel
Mr. J.S. Arora for the petitioner and the Learned
counsel for the respondent NBCC.
3. At this juncture, the Learned counsel
for respondent NBCC draws attention of this Court
Patna High Court CWJC No.4352 of 2016 dt.07-04-2025
to paragraph Nos. 8 and 9 of the counter affidavit
filed on behalf of respondent Nos. 1 to 5 as well as
to the Articles 5 and 5.1 of the agreement dated
02.06.2005 (Annexure-3 to Writ petition) between
the petitioner and respondent NBCC.
4. For better appreciation of the case,
paragraph Nos. 8 and 9 of the counter affidavit
filed on behalf of the respondent Nos. 1 to 5 are
reproduced hereinbelow:
"8. That NIT dated 26.11.2004
as well as LOA dated 17.02.2005 was
issued to the Petitioner by the
Respondent from its offices at New Delhi
(Annexure 1 & 2 to writ petition). Further
Clause 5.1 of the agreement dated
2.6.2005 (Annexure 3 to writ petition)
between the parties confers exclusive
jurisdiction to the Courts at Delhi and the
petitioner has to avail remedy before the
proper Court in Delhi and cannot avail
remedy before the Hon'ble High Court of
Judicature at Patna and this petition
deserves to be dismissed on this ground
alone.
9. That the principle of law
that when two courts have concurrent
Patna High Court CWJC No.4352 of 2016 dt.07-04-2025
jurisdiction to try the dispute between the
parties and when the parties have agreed
that the disputes should be tried by only
one of the courts, then the court
mentioned in the agreement shall have
the jurisdiction has been well settled by
the Hon'ble Supreme Court of India in a
catenae of its judgment."
5. Further Articles 5.0 and 5.1 are also
reproduced hereinbelow :
"Articles 5.0 - Governing law
and jurisdiction
5.1. The Laws applicable to this contract
shall be Laws in Force in India and
Jurisdiction of Delhi Court(s) only."
6. Upon perusal of the contents of
Article 5.1 of the agreement between the parties,
this Court is of the considered view that this Court
has no jurisdiction to deal with the matter at hand.
The agreement clearly stipulates that the laws
applicable to the contract shall be those in force in
India, and the jurisdiction shall lie exclusively with
the Court(s) of Delhi. Therefore, this Court lacks
Patna High Court CWJC No.4352 of 2016 dt.07-04-2025
jurisdiction to entertain the present matter. The
writ petition is, accordingly, disposed off, without
going into the merit or demerits of the case, with
liberty to the petitioner to approach the
appropriate forum as envisaged in Article 5.1 of
the agreement.
7. Interlocutory Application(s), if any,
shall stand disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 16.04.2025
Transmission Date
