Created by Fuzzy Cloud

Patna High Court

BiharversusHimtech Sales Private Limited

Decided
Disposal
DISPOSED

Holding

The appellate court held that there was no ground to interfere with the Single Judge’s interim order and therefore disposed of the Letters Patent Appeal.

Summary

The State of Bihar, represented by several officials, appealed a Civil Writ Jurisdiction order that had directed it to release Rs 1 crore to Himtech Sales Private Limited pending a final decision on a dispute over cement bags supplied by the company. Himtech claimed it had supplied the bags as per the purchase order and sought payment of Rs 6.60 crore, while the State alleged the bags did not meet specifications, were tested and rejected, and directed the company to take them back. The Single Judge had ordered the interim payment of Rs 1 crore, subject to the final outcome, and the State challenged the legality of that order. The appellate court examined whether the Single Judge was justified in granting the interim relief and whether any contempt proceedings were warranted. Finding no merit to interfere and noting the matter was sub‑judice, the court disposed of the Letters Patent Appeal without altering the interim order.

Issues considered

  • Whether the Single Judge was justified in directing the State to release Rs 1 crore to the petitioner pending final determination of the contract dispute.
  • Whether the State’s refusal to pay the full amount is lawful given the alleged non‑conformity of the cement bags with the purchase order specifications.
  • Whether contempt proceedings should be initiated against the State for non‑compliance with the interim order.
  • Whether the appeal is maintainable and merits interference with the interim relief.

Legislation cited

Subjects

  • Writ petition
  • Mandamus
  • Interim relief
  • Government procurement
  • Specification of goods
  • Letters Patent Appeal
  • Contempt proceedings
  • Contract dispute
  • Payment of dues

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Letters Patent Appeal No.628 of 2025
                                         In
                   Civil Writ Jurisdiction Case No.3351 of 2025
     ======================================================
1.    The State of Bihar through the Principal Secretary, Water Resources
      Department, Government of Bihar, Patna.
2.   The Principal Secretary, Water Resources Department, Government of Bihar,
     Patna.
3.   The Director, Directorate of Purchase, Stores and Material Management,
     Water Resources Department, Government of Bihar, Patna.
4.   The Engineer-in-Chief Flood Control and Drainage, Water Resources
     Department, Government of Bihar, Patna
5.   The Chief Engineer, Flood Control and Water Drainage, Water Resources
     Department, Muzaffarpur.
6.   The Executive Engineer, Flood Control Division, Motihari.
7.   The Executive Engineer, Drainage, Division, Bettiah
8.   The Executive Engineer, Sikrahna Embankment Division, Motihari.
9.   The Executive Engineer, Drainage Division, Motihari
10. The Executive Engineer, Flood Control and Drainage Division, Lalganj,
    Hazipur.
11. The Executive Engineer, Flood Control Division, Muzaffarpur
12. The Executive Engineer, Flood Control Division, Bagha, West Champaran
13. The Executive Engineer, Drainage Division, Sitamarhi
14. The Executive Engineer, Bagmati Division, Sheohar.
15. The Executive Engineer, Ganga Sone Flood Protection Division, Digha.
16. The Executive Engineer, Bagmati Division, Sitamarhi
17. The Executive Engineer, Bagmati Division, Runnisaidpur

                                                                 ... ... Appellant/s
                                        Versus
     1. Himtech Sales Private Limited, a company under the provisions of the
     Companies Act, 2013, having its registered office at 7 Babulal Lane, second
     Floor, Kolkata 700001 and its Unit at A6/A8 (part) Phase-V Adityapur,
     Gamharia, Jamshedpur, District Seraikela, Kharsawan Jharkhand through its
     authorized representative namely Atanu Mondal, Male, aged about 40 years,
     Sn of Late Sri Kali Pada Mondal resident of VTC Sunia, P.S. Goghat,
     District- Hooghly, West Bengal.
     2. The Director, Himtech Sales Private Limited Namely Manager Singh, male
     aged about 73 years, resident of New Colony Nirmal Path Road, No. 3
     Panchayat Chhota Gamaharia Police Station Gamaharia, District- Seraikela
     Kharsawan, Jharkhand

                                               ... ... Respondent/s
     ======================================================
Patna High Court L.P.A No.628 of 2025 dt.19-01-2026
                                             2/9




       Appearance :
       For the Appellant/s       :        Mr Anjani Kumar, AAG-4
       For the Respondent/s      :
       ======================================================
       CORAM: HONOURABLE THE CHIEF JUSTICE
                   and
                   HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
       ORAL JUDGMENT
       (Per: HONOURABLE THE CHIEF JUSTICE)


         Date : 19-01-2026

                      This Letters Patent Appeal has been filed by the State

         of Bihar and others challenging the order dated 16.05.2025

         passed in CWJC No. 3351 of 2025.

                      The writ petition was filed by the respondent Himtech

         Sales Private Limited and another with the following prayer(s):-

                      “a. A writ of and/or in the nature of Mandamus
                          be issued directing Respondents, its men,
                          agents and assigns to release the
                          outstanding payments of Rs. 6,60,47,000/-
                          along with interest @12% per year in
                          respect of cement bags supplied by the
                          Petitioner No. 1 forthwith;
                      b. A writ of or in the nature of Mandamus
                          commanding the respondents and each one
                          of them, their men, agents and assigns to
                          rescind, revoke and recall the letters dated
                          23rd June 2023, 7th July 2023 and 20th
                          August 2024;
                      c. A writ of and/or in the nature of Mandamus
                          do issue restraining the respondents from
                          acting under and from giving any further
                          and/or any effect to the letters dated 23rd
                          June 2023, 7th July 2023 and 20th August
                          2024;
Patna High Court L.P.A No.628 of 2025 dt.19-01-2026
                                             3/9




                      d.    A writ of and/or in the nature of Prohibition
                            do issue prohibiting the respondents from
                            proceeding with the letters dated 23rd June
                            2023, 7th July 2023 and 20th August 2024;
                      e.    Appropriate Writs and/or orders and/or
                            direction do issue as would afford complete
                            relief to the Petitioners.
                      f.    Such further order and/or orders as the
                            Hon'ble Court may deem fit and proper.”


                      2. It seems that counter affidavit was filed by the

         Respondent Nos. 1 to 6 wherein the following stand has been

         taken:-

                      “11. That vide Letter No. 637 dated 29.05.2023
                           the Executive Engineer, Ganga Sone Flood
                           Protection Division Digha Patna directed
                           all the consignee division to submit the 20
                           new EC bags from the supplied new EC
                           bags of the Petitioner before the authorized
                           representative namely Smt Neelam Kumari
                           JE after making selection so that test of the
                           supplied new EC bags may be done.
                      12. That the Petitioner Company has supplied
                           the total quantity of empty cements bags to
                           the concerned consignee division but the
                           said supplied empty cements bags was not
                           as per specification mentioned in the
                           purchase order.
                      13. That the department of deponent has tested
                           the supplied empty cements bags of the
                           Petitioner in the departmental Lab after
                           taking sample from the supplied empty
                           cements bags and it was found that the
                           supplied new empty cements bags was not
                           supplied as per specifications mentioned in
                           the purchase order.
Patna High Court L.P.A No.628 of 2025 dt.19-01-2026
                                             4/9




                      14. That vide Letter No. 477 dated 23.06.2023
                           the department of deponent communicated
                           to the Petitioner that the supplies made by
                           the Petitioner was not as per specification
                           mentioned in the purchase order and not as
                           per schedule of supply.
                      15. That vide Letter No. 512 dated 07.07.2023
                           the Director, Purchase, Store and Materials
                           Directorate Water Resources Department
                           Patna directed the consignee division of
                           the department not to consume/use the
                           bags supplied by the Petitioner as the
                           supplied the new empty cement bags are
                           not as per specification mentioned in the
                           purchase order.
                      16. That vide Letter No. 531 dated 19.07.2023
                           the Director, Purchase, Store and Materials
                           Directorate Water Resources Department
                           Patna directed the Petitioner to take back
                           the supplied empty cement bags as the
                           same is not as per specifications mentioned
                           the purchase order.
                      17. That vide reminders contained in Letter No.
                           538 dated 20.07.2023 and Letter No. 562
                           dated 01.08.2023 the Director, Purchase,
                           Store and Materials Directorate Water
                           Resources Department Patna directed the
                           Petitioner to take back the new empty
                           cements bags as the same was not as per
                           specification mentioned in the purchase
                           order.
                      18. That on the request of the Petitioner vide
                           letter No. 629 dated 30th August 2023 the
                           Director, Purchase, Store and Materials
                           Directorate Water Resources Department
                           Patna directed the Executive Engineer
                           Ganga Sone Flood Protection Division,
                           Digha Patna to conduct a retest of supplied
                           new empty cements bags in any of
Patna High Court L.P.A No.628 of 2025 dt.19-01-2026
                                             5/9




                           laboratories i.e. CIPET Hajipur, Jadavpur
                           University Kolkata, or CWPRS Pune and
                           to make available the test report to the
                           undersigned and consignee Executive
                           Engineers. In the said letter it was also
                           mentioned the cost of inspection/test will be
                           borne by the Petitioner as per terms and
                           condition of the purchase order.
                      19. That vide Letter No.716 dated 16.10.2023
                           the Director, Purchase, Stores and Material
                           Management, Water Resources Department
                           Patna directed the Petitioner to deposit the
                           charges before the undersigned for
                           conducting the Test at CWPRS Pune. But
                           the Petitioner did not deposit the said
                           charges despite request which shows that
                           the Petitioner was himself not interested
                           for retest of the supplied new empty cement
                           bags.
                      21. That on account of request of the Petitioner
                           to retest, the department of deponent has
                           taken the decision to recheck/retest of
                           quality of E.C bags supplied by Petitioner.
                      24. That again vide Letter No. 310 dated
                           20.05.2024 the Director, Purchase, Store
                           and Materials Directorate Water Resources
                           Department Patna has requested the
                           Petitioner to be present at the consignee
                           division for samples collection of new EC
                           bags so that the test may be done. He has
                           also been communicated that if he will be
                           not present at the time of collection no
                           claims will be entertained. Despite
                           categorical request the Petitioner did not
                           appear before the concerned authorities of
                           the department of deponent for samples
                           collection.
                      27. That thereafter in the presence of officers of
                           the department of deponent the samples of
Patna High Court L.P.A No.628 of 2025 dt.19-01-2026
                                             6/9




                           supplied new empty cement bags of the
                           Petitioner has been collected from the
                           concerned consignee division. Vide Letter
                           No. 706 dated 13.06.2024 the Executive
                           Engineer, Ganga Sone Flood Protection
                           Division Digha Patna has sent the
                           collected samples of new EC bags of the
                           Petitioner to the Executive Engineer,
                           Research and Training Division -02
                           Khagaul Patna for testing.
                      28. That after the collection of sample again
                           vide Letter No 766 date 12.06.2024 the
                           Superintendent Engineer Research and
                           training circle, Khagaul, Patna has
                           requested to Petitioner to be present at the
                           time of testing of collected samples of new
                           EC bags so that the testing of sample can
                           be done in his presence. He has also been
                           communicated that if he dehbratly not
                           present at the time of testing of sample. He
                           himself will be responsible for her
                           presence.
                      29. That the collected samples of the supplied
                           new EC bags had been tested in the
                           departmental Lab, Khagaul and it was
                           found that the supplied new empty cements
                           bags supplied by the Petitioner are not as
                           per specification mentioned in the purchase
                           orders.
                      30. That vides Letter No. 465 dated 22.07.2024
                           the Director, Purchase, Stores and Material
                           Management, Water Resources Department
                           Patna rejected the supplied empty cement
                           bags of the Petitioner and directed the
                           Petitioner to take back the supplied EC
                           bags from the consignee division as the
                           supplied bags are not as per specification
                           mentioned in the purchase order. It has
                           also been communicated that several times
Patna High Court L.P.A No.628 of 2025 dt.19-01-2026
                                             7/9




                             request has been made to the Petitioner to
                             be present at the time of samples collection
                             and for ensuring their presence at the time
                             of testing at departmental Lab. but he
                             neither turned up at the time of sample
                             collection nor turned up at the time of
                             testing of samples in spite of prior
                             communication to the Petitioner well in
                             advance. Finally the test has been made the
                             departmental Lab Khagaul after taking
                             samples from the concerned consignee
                             division and it was found that the supplied
                             new EC bags are not as per specification
                             mentioned in the purchase order.”


                      3. Rejoinder to the said counter affidavit was filed by

         the petitioners.

                      4. In the impugned order, the learned Single Judge has

         observed as follows:-

                                 “3. Learned counsel appearing on
                      behalf of the petitioner has stated that the
                      petitioner has supplied the requisite bags as per
                      the work order in and around 31.05.2023. That
                      the authorities have issued notice dated
                      23.06.2023 stating that the as per the report of
                      the lab, bags supplied by the petitioner are not
                      of     the   required    specifications.    That,
                      subsequently vide letter dated 22.07.2024, the
                      petitioner was asked to take back the bags
                      supplied by him. Learned counsel for the
                      petitioner has stated that nearly 200 daily
                      workers are dependent upon the petitioner for
                      their livelihood and approximately an amount
                      of Rs.6,60,47,000/- is due from the respondents
                      for the bags supplied but till date they have not
Patna High Court L.P.A No.628 of 2025 dt.19-01-2026
                                             8/9




                      paid any bills. Learned counsel has stated that
                      unless and until some amounts are paid, the
                      petitioner would not be in a position to
                      maintain the workers or keep the unit in the
                      running condition.
                                 4. Having regard to the same, the
                      respondents authorities are directed to
                      immediately       release    an     amount       of
                      Rs.1,00,00,000/- to the petitioner herein
                      positively within ten days from today.
                                 5. It is made clear that the amount
                      paid will be the subject to the final result of the
                      present writ petition. In case any adverse orders
                      are passed against the petitioner, the petitioner
                      would be liable to refund the same.”


                      5. Learned counsel for the State submits that there

         was every reason on the part of the State to pass the impugned

         order which was challenged by the respondents in the writ

         petition and therefore, the learned Single Judge was not justified

         in passing the order directing the appellants to immediately

         release an amount of Rs. 1,00,00,000/- (one crore) to the

         respondent within ten days from the passing of the order. It is

         further submitted that such an order is not sustainable in the

         eyes of law in view of the stand taken by the appellants in the

         counter affidavit.

                      6. When we made a query to the learned counsel for

         the State as to whether any contempt proceeding has been

         initiated by the respondents in terms of Paragraph No. 4 of the
             Patna High Court L.P.A No.628 of 2025 dt.19-01-2026
                                                          9/9




                      impugned order, the answer was in negative.

                                   7. In view of such submission, when the matter is sub

                      judice and no contempt proceeding has yet been instituted and

                      the pleadings are complete, we request the learned Single Judge

                      to hear the respective parties and finally dispose of the matter

                      within a period of four weeks from today.

                                   It is made clear that we have not expressed any

                      opinion on the merits of the case.

                                   8. Accordingly, the Letters Patent Appeal is disposed

                      of.

                                   9. Interlocutory Application(s), if any, shall stand

                      disposed of.




                                            (Sangam Kumar Sahoo, CJ)


                                                (Mohit Kumar Shah, J)
P.K.P./-
AFR/NAFR
CAV DATE
Uploading Date          20.01.2026
Transmission Date


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.