Patna High Court
Ozone Overseas Private Limited vs Bihar State Tourism Development ... on 28 April, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11646 of 2017
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Ozone Overseas Private Limited, a Company registered under the Companies
Act, 1956 having its office at H-40/3, Bali Nagar, Delhi - 110015 through its
authorized representative Shri Rajan Aggarwal, Vice President (Projects).
... ... Petitioner/s
Versus
1. Bihar State Tourism Development Corporation Limited Through Its
Managing Director, Biur Chand Patel Path, Patna - 800001
2. The State of Bihar, through the Principal Secretary, Department of Tourism,
Government of Bihar, Old Secretariat, Patna - 800015
3. The General Manager Works, Bihar State Tourism Development Corporation
Limited, Bir Chand Patel Path, Patna 800001
4. The Principal Secretary, Department of Finance, Government of Bihar,
Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : M/s Mrigank Mauli, Sr. Advocate
Saket Tiwary, Advocate
For the State : M/s Sita Ram Yadav, GP 16
Rakesh Kumar Shrivastava, Advocate
For the BSTDCL : M/s Kumar Abhimanyu Pratap
Parmanand Prasad, Advocate
Rushali, Advocates
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 28-04-2025
1. Heard the Learned Senior Counsel for
the petitioner as well as the Learned counsel for
the respondents.
2. The petitioner has filed the Writ petition
for the following reliefs:-
"(i) Issuance of writ of
mandamus directing the
Respondents to make payment of
Patna High Court CWJC No.11646 of 2017 dt.28-04-2025
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the amounts of INR 80,90,703/-,
admittedly, due to be paid for
successful performance and
completion of the work awarded to
the Petitioner under Letter of Award
No. 439/Engg/14 dated 11.09.2014
alongwith interest @15% per annum
to be calculated on compounding
basis;
(ii) Issuance of writ of
mandamus directing the
Respondents to release the
Performance Bank Guarantee of INR
3,61,162/- submitted by the
Petitioner and renewed from time to
time and;
(vi) For any other relief for
which the petitioner is entitled to in
the facts and circumstances of the
case and in the interest of justice."
2. At the outset, the Learned Senior
counsel for the petitioner submitted that a Writ
petition, being CWJC No. 8340 of 2017 (Ozone
Overseas Private Limited vs. Bihar Urban
Infrastructure Development Corporation
Limited & Ors.), was earlier filed by the Writ
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petitioner herein, seeking similar type of relief, and
the facts of the case were also more or less similar
to those in the present writ petition. The said Writ
petition was allowed by this Court vide judgment
dated 03.03.2025.
3. In view of the aforesaid facts and
circumstances, the Learned Senior counsel for the
petitioner contended that since the similar type of
issue are involved, the present writ petition is
squarely covered by the judgment dated
(supra), this writ petition may also be disposed of
on the same terms.
5. Having regard to the facts that the
petitioner has completed the work awarded to him,
but the admitted due amount i.e. Rs. 80,90,703/-
has not been paid by the respondents and also not
releasing the Performance Bank Guarantee of Rs.
3,61,162/-, this Court is of the considered opinion
the amount as stated above, should be paid to the
petitioner by the respondents forthwith.
6. The respondents are directed to make
Patna High Court CWJC No.11646 of 2017 dt.28-04-2025
payment of the aforesaid admitted dues of the
petitioner as expeditious as possible, preferably
within a period of eight weeks from the date of
receipt of a copy of this order.
7. With the aforesaid observations, this
writ petition stands allowed to the extent indicated
above.
8. Interlocutory Application(s), if any, shall
stand disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 03.05.2025
Transmission Date
