Patna High Court
Awadhesh Kumar SinghversusSri B. Jaiswal Head Project , Hindustan Steel Works Construction Limited and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the payment had been made and acknowledged, so the contempt petition was disposed.
Summary
The petitioner, Awadhesh Kumar Singh, filed a contempt petition seeking recovery of Rs.3,01,305 plus interest, alleging that Hindustan Steel Works Construction Limited had withheld amounts due under a construction contract for a school building. The earlier writ petition (C.W.J.C. No.20001/2012) had been disposed on 21 March 2017, directing the respondent to refund the security amount within three months. The respondent's counsel produced a receipt showing that the payment was made on 3 April 2019, which the petitioner had signed to acknowledge receipt. The court examined the evidence and found that the payment had indeed been effected and accepted by the petitioner. Consequently, the contempt petition was dismissed and the matter closed.
Issues considered
- Whether the petitioner was in contempt for failing to comply with the court's earlier order to refund the security amount
Subjects
- contempt of court
- contractual payment
- security deposit
- construction contract
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2339 of 2017
In
Civil Writ Jurisdiction Case No.20001 of 2012
======================================================
Awadhesh Kumar Singh Son of Late Ram Rashik Singh, Proprietor of M/s
Awadhesh Kumar Singh, Presently residing in his own village- Sirsi, Post
Office- Sirsi Dihra, Via- Harnaut, Police Station- Harnout, District- Nalanda.
... ... Petitioner/s
Versus
1. Sri B. Jaiswal Head Project , Hindustan Steel Works Construction Limited
and Anr
2. Sri Moyukh Bhandari, Chairmancum-Managing Director, Hindustan Steel
Works Construction Limited, 5/1
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Devesh Kumar Pandey, Advocate
For the Opposite Party/s :
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 12-03-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) he has knocked at the door of this Hon'ble
Court through filing his C.W.J.C.No.20001
of 2012, pursuant to realization of his
withheld amounting to Rs.28049/- relating to
value of work as well as his malafidely
retained remaining a bonafidely payable
sum of Rs.2,73,256/- pertaining to deposited
earnest and security monies, deducted from
Patna High Court MJC No.2339 of 2017(4) dt.12-03-2026
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his running bills, totalled as a sum of
Rs.3,01,305/- alongwith its permissible and
Admissible interest upon the said withheld
amount from the Respondents/opposite party
pursuant to either of taking Final
Measurement of Completion of the
Construction of the School Building of
Navoday Vidyalaya at Saharsa (Bihar) and
preparing final bill/14th bill dated
29.10.2001 and 30.10.2001, which has been
handed over to the Authority/Respondent
Concerned under Terms and Conditions off
An agreement No. HSCL/RNC/Dy. G.M./99-
317 dated 20.12.1999 (Annexure-1 10
C.W.J.C.No.20001/2012) and as such the
grievance of the petitioner contained in his
C.W.J.C.No.20001/2012 having been finally
heard and disposed of on 21.3.2017 by the
Hon'ble Bench of Justice Smt. Anjana
Mishra (the then Hon’ble Judge) wherein by
passing an order dated 21.3.2017, a
direction has been given to the
Patna High Court MJC No.2339 of 2017(4) dt.12-03-2026
3/3
Respondent/Authorities concerned that the
security amount, if any, lying with Hindustan
steel works be refunded to the petitioner,
preferably within a period of 3 months from
the day of receipt/production of a copy of
this order.
3. Mr. Devesh Kumar Pandey, learned counsel
representing the Hindustan Steel Works Construction Limited
has provided the document to show that the payment has been
made on 03.04.2019 itself and the petitioner has acknowledged
the same by signing a receipt. Let the same be kept on record.
4. In that background, the contempt petition is
disposed of.
(Rajiv Roy, J)
Ravi/-
U
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