BKB TRANSPORT P LIMITED REPRESENTED THROUGH SHRI SUDHAKAR KUMAR ADHIKARI ALIAS S K ADHIKARI v. BHARAT COKING COAL LIMITED SERVICE THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR AND ORS
WPC/7425/2012 · 2025-01-27
Rajesh Shankar
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 11772 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11772 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 7425 of 2012 ----- BKB Transport (P) Limited, having its registered and Head Office at 2F, Vatika Apartment, Line Tank Road, Ranchi- 834001, represented through Shri Sudhakar Kumar Adhikari @ S.K. Adhikari, son of Late J.N. Adhikari, resident of H.E.C. Colony, House No.SP-506(T), P.O. and P.S. Dhurwa, District- Ranchi-834004, authorized representative, having office at the aforesaid address.
.......... Petitioner. -Versus-
1. Bharat Coking Coal Limited, Service through its Chairman- cum-Managing Director, having office at Koyla Nagar, Koyla Bhawan, Dhanbad.
2. Chairman-cum-Managing Director, Bharat Coking Coal Limited, having his office at Koyla Nagar, Koyla Bhawan, Dhanbad.
3. Chief General Manager (Co-ordination), Bharat Coking Coal Limited, having his office at Koyla Nagar, Koyla Bhawan, Dhanbad.
4. Chief General Manager, Bharat Coking Coal Limited, Katras Area having his office at Sijua, District- Dhanbad.
5. General Manager, Contract Management Cell, Bharat Coking Coal Limited having his office at Koyla Bhawan, Dhanbad.
6. General Manager, Bharat Coking Coal Limited, Katras Area- IV, having his office at Sijua, District-Dhanbad.
7. The Director, Technical (O), Bharat Coking Coal Limited, having his office at Koyla Nagar, Koyla Bhawan, Dhanbad.
8. Project Officer, AKWM Colliery, Bharat Coking Coal Limited, having his office at Sijua, District-Dhanbad.
9. Area Finance Manager, Bharat Coking Coal Limited, Katras Area, having his office at Sijua, District Dhanbad.
.......... Respondents. -----
CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Sumeet Gadodia, Advocate For the BCCL : Mr. Manish Kumar, A.C. to
Mr. Anoop Kumar Mehta, Advocate
-----
Order No.05
Date: 27.01.2025
1. The present writ petition has been filed for issuance of direction upon the respondents to pay the outstanding dues along with interest @18% per annum to the petitioner with respect to the Work Order bearing Ref. No.BCCL / KA-IV /GM / CONT.COAL/ TPTN/SOR/W.O./09/3219 dated 27th May, 2009
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followed by revised and amended work orders dated 31st August, 2009 and 16th February, 2010 issued by the respondent no.6. Further prayer has been made for issuance of direction upon the respondents to release the Bank Guarantee bearing no.BG/BKB/49/2009 furnished by the petitioner for a sum of Rs.9,97,312/- issued by the IndusInd Bank Limited on 20th August, 2009 in favour of the respondent no.1.
2.
Learned counsel for the petitioner submits that the petitioner had executed the work relating to the aforesaid work orders and after completion of the same, the petitioner requested the respondent-BCCL to release the outstanding dues. The details of the outstanding dues are as under : Bill for the period 01.01.10 to 30.01.10 Rs.33,19,815.00 CCA
Rs.5,41,037.00 HSD Escalation
Rs.4,82,081.00 Keep Back upto 31.12.2009
Rs.8,93,409.00
Rs.52,36,342.00
3. Though, the petitioner represented the respondent-authorities several times for payment of the said amount, however, it was not responded which has compelled the petitioner to prefer the present writ petition.
4. Mr. Manish Kumar, learned A.C. to Mr. Anoop Kumar Mehta, Advocate appearing on behalf of the respondent-BCCL refers to the counter affidavit dated 7th August, 2013 and submits that the respondent-BCCL does not admit the aforesaid claim
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raised by the petitioner. Hence, no further payment can be made to the petitioner. The petitioner instead of filing the present writ petition could have taken recourse before the competent authority of civil jurisdiction.
5. Having heard the learned counsel for the parties and considering that the petitioner has in fact raised a money claim by filing the present writ petition which has been disputed by the respondent-BCCL, I am not inclined to entertain the same.
6. The writ petition is, accordingly, dismissed.
7. The petitioner may, however, work out the other available remedies seeking payment of the aforesaid amount from the respondent-BCCL, if permissible under law.
8. Pending interlocutory application(s), if any, is also dismissed.
(Rajesh Shankar, J.) Rohit/