Patna High Court
M/s Dyanamic Ex Army Sentinels Private Limited Through Its Director Rajshekhar and AnrversusMr. Inayat Khan, The Managing Director, Bihar State Tourism Devlopment Corporation Limited, Veer Ch
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the contempt proceedings were not fit to continue and dismissed the petition.
Summary
The petitioners, M/s Dynamic Ex Army Sentinels Pvt Ltd and its director Raj Shekhar, filed a contempt petition against the Managing Director and General Manager of Bihar State Tourism Development Corporation (BSTDC) for allegedly failing to comply with a High Court order dated 8 April 2015 that required the MD to reconsider the petitioners' blacklisting. The original dispute arose when BSTDC cancelled the allotment of the Niranjana Resort, Bodh Gaya, and blacklisted the petitioners for non‑payment of licence fees and service tax of Rs.3,10,584, which the petitioners attempted to pay by a cheque that later bounced. The petitioners also did not settle the outstanding dues of Rs.45,49,683 or approach the arbitrator as directed. The Court observed the petitioners’ non‑cooperative conduct and the dishonoured cheque, and concluded that it was not appropriate to continue contempt proceedings. Consequently, the contempt petition was closed, with the petitioners advised to approach BSTDC directly with supporting documents if they still seek relief.
Issues considered
- Whether the respondents’ alleged failure to reconsider the blacklisting order amounts to contempt of court
- Whether the contempt petition should be entertained despite the petitioners’ non‑payment of dues and lack of cooperation
Subjects
- contempt of court
- blacklisting
- service tax
- non‑payment of dues
- civil writ jurisdiction
- arbitration clause
- tender eligibility
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3056 of 2018
In
Civil Writ Jurisdiction Case No.4175 of 2015
======================================================
1. M/s Dyanamic Ex Army Sentinels Private Limited Through Its Director
Rajshekhar and Anr
2. Raj Shekhar, Son of Late Lalan, Presently Resident of Flat no. 401, Sai
Heritage Apartment, Purnendu Nagar, Phulwari Sharif, P.S. Phulwari Sharif,
District- Patna Permanent Resident of Village- Pinjari P.O.- Pinjari, P.S.-
Barbigha, District- Sheikhpura, Bihar- 811105.
... ... Petitioner/s
Versus
1. Mr. Inayat Khan, the Managing Director, Bihar State Tourism Devlopment
Corporation Limited, Veer Ch
2. Mr. Harendra Prasad The General Manager, Bihar State Tourism
Development Corporation Limited, Veerc
3. Mr. Abhishek Singh, The District Magistrate, Gaya, P.S. Gaya Dist. Gaya.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs.Nivedita Nirvikar, Sr. Advocate
For the Opposite Party/s : Ms.Anukriti Jaipuriyar, Advocate
For BSTDC : Mr. Inayat Khan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 26-03-2026 Heard Mrs.Nivedita Nirvikar, learned Senior Counsel
for the petitioner and Ms.Anukriti Jaipuriyar, learned counsel
for the State.
2. The present petition has been preferred for the
following relief/s:
(i) for initiating the contempt proceeding
against the opposite parties who deliberately
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have disobeyed the order dated 8.4.2015
passed by Hon'ble Mr. Justice Ravi Ranjan
in C.W.J.C. No.4175 of 2015 whereby and
where under the Hon'ble Court had directed
the Managing Director, Bihar State Tourism
development Corporation Limited to re-
consider the issue of blacklisting in terms of
order passed by the Apex Court within 4
weeks.
3. The writ Court on 08.04.2015, directed the
respondent-opposite party-Managing Director of Bihar State
Tourism Development Corporation Limited to reconsider the
issue of blacklisting of the petitioner in terms of Hon’ble Apex
Court’s order.
4. As no order was passed, the present contempt
petition.
5. A show cause has come on behalf of the opposite
party nos. 01 and 02 and learned counsel representing the
aforesaid opposite parties took this Court to paragraphs- 04 to
08 of the said petition which read as follows:
4. That the short facts leading to
the passing of the order dated
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08.04.2015 is that the petitioner
had filed the writ application
bearing CWJC No. 4175 of 2015
against the Order Dated
13.03.2015 -passed by the then
Managing Director, BSTDC by
which the allotment for running
the Niranjana Resort, Bodh Gaya
has been cancelled due to non-
payment of the License fees from
the past three years (i.e., since
Year 2012-13), entire articles kept
therein of the petitioners has been
directed to be seized and at the
same time the Petitioners were
blacklisted from participating in
any future tender.
5. That the claim of the Opposite
parties over the Petitioner in terms
of total dues as on that date was
assessed as Rs.45,49,683/- in
which a sum of Rs.3,10,584/- was
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towards payment of Service tax
which the Hon'ble Court in its
Order dated 19.03.2015 has
directed the petitioner to pay the
Opposite Parties the amount as
claimed by way of Service tax
latest by 21.03.2015-failing which
the order of Status quo shall be
vacated.
6. That pursuant to the Hon'ble
Court's Order the Petitioner sent a
cheque of Rs. 3,10,584/- to the
Opposite Parties vide Cheque No.
048320 drawn on 21.03.2015
which was however dishonored
due to insufficient fund and the
order of maintaining status quo
was vacated and then with the help
of District Magistrate, Gaya and
local administration the charge of
the Hotel was taken over and
inventory of articles were
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prepared.
7. That it is humbly submitted that
till date the Petitioner has neither
deposited a single penny towards
settlement of Outstanding Bills of
amount Rs. 45,49,683/- nor has
moved before the Arbitrator after
invoking Clause 31 of the
agreement as was directed by the
Hon'ble High Court vide its Order
dated 08.04.2015 passed in the
C.W.J.C. No.4175/2018.
8. That it was under such
circumstances that the Opposite
Parties failed to take any further
action with regard to
consideration of permanent
blacklisting. However, it is
significant to bring to your kind
notice that in response to the
Petitioner's Letter no. P.S.C./196
dated 04.08.2018 (Annexure 5 of
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the Contempt Petition) wherein the
attention has been drawn towards
the Order dated 08.04.2015 of the
Hon'ble High Court, the Opposite
Parties has given a show cause to
the Petitioner vide Letter No.
1218/18 dated 30.08.2018 to
consider the issue of permanent
blacklisting and they have been
further directed to be present in
the Office on 08.09.2018 at 3 p.m.
to state their stand in the matter.
4. This Court has taken note of the non-cooperative
attitude of the petitioner who tried all possible steps to put spoke
in the wheels of the opposite party in coming to the conclusion
which reflects from the fact that when the amount (service tax)
which was to be paid in line with the order passed by the Patna
High Court, a cheque was issued which was dishonoured.
5. In that background, this Court do not deem it fit
and proper to continue with the contempt proceeding in the
present petition. It is accordingly, closed.
6. The petitioner will have the liberty to approach the
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concerned opposite party alongwith all the valid documents, if
he still is interested in getting a decision from the Bihar State
Tourism Development Corporation Limited.
(Rajiv Roy, J)
Ravi/-
U
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