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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

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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