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2026 DAILYLAW 1404 (JHR)

M/S SHREE BALAJI ENGICONS LTD. THROUGH ITS DULY AUTHORISED REPRESENTATIVE, SRI SURAJ AGARWAL v. JHARKHAND URBAN INFRASTRUCTURE DEVELOPMENT COMPANY LTD. THRO ITS CHAIRMAN CUM MANAGING DIRECTOR

WPC/7171/2025 · 2026-01-20

Rajesh Shankar

body2026

Judgment text

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1 ( 2026:JHHC:1419-DB ) IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 7171 of 2025 M/s Shree Balaji Engicons Limited, a company incorporated under the Companies Act, 1956, having its registered office at Belpahar (R.S.), P.O. & P.S.- Belpahar, District- Jharsuguda (Odisha)-768217, through its duly authorised representative, Sri Suraj Agarwal, aged about 56 years, son of Ratanlal Agarwal, resident of House No.1, Golmuri Bazar, Road No.1, P.O.& P.S.- Golmuri, Town- Jamshedpur, District- East Singhbhum, Jharkhand- 831003. …. Petitioner Versus 1. Jharkhand Urban Infrastructure Development Company Limited, a government of Jharkhand undertaking, having its office at JUIDCO Bhawan, Kutchery Road, P.O.- GPO, P.S.- Kotwali, District- Ranchi, Jharkhand-834001, through its Chairman-cum-Managing Director. 2. Chairman-cum-Managing Director, Jharkhand Urban Infrastructure Development Company Limited, having its office at JUIDCO Bhawan, Kutchery Road, P.O.- GPO, P.S.- Kotwali, District- Ranchi, Jharkhand- 834001. 3. Project Director (Technical), Jharkhand Urban Infrastructure Development Company Limited, having its office at JUIDCO Bhawan, Kutchery Road, P.O.- GPO, P.S.- Kotwali, District- Ranchi, Jharkhand- 834001. 4. Income Tax Officer, Aayakar Bhawan, Rabindra Path Road, P.O.- Hazaribagh, P.S.- Sadar, District- Hazaribag-825301. 5. M/s Adarsh Construction, a partnership firm, having its office at Pratap Nagar, Nai Sarai, Ramgarh Cantt., P.O. & P.S.-Ramgarh, District- Ramgarh, Jharkhand-829122, through its Partner. 6. RSVA & Associates, partnership firm, having its office at 329, Taramoni Ghat Road, 1st Floor, P.O.- Paschim Putiari, P.S.- Lake Terrace, District- Kolkata, West Bengal-700041, through its partner. …. Respondents ------ CORAM : HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR ------ For the Petitioner : Mr. Pandey Neeraj Rai, Advocate Mr. Rohit Ranjan Sinha, Advocate Mr. Arpit Kandelwal, Advocate For the Resp-JUIDCO : Mr. Krishna Murari, Advocate Mr. Raj Vardhan, Advocate For the Resp-Income Tax : Mr. Kumar Vaibhav, Advocate ----- 05/ 20.01.2026 Heard learned counsel for the parties. 2. By I.A. No. 494 of 2025, the petitioner seeks leave to withdraw the writ petition and prays for refund of rupees ten lakhs, deposited in pursuance of this Court’s order dated 16.12.2025. 2 3. Now that the writ petition is being withdrawn and, further, since, no interim relief was obtained by the petitioner in this petition, we see no difficulty acceding to the petitioner’s request. 4. Similarly, rupees ten lakhs deposited by the petitioner, can now be refunded to the petitioner by the Registry. The petitioner would indicate the Bank details along with identity proof, so that the Registry can directly transfer this amount into the petitioner’s Bank account. 5. Learned counsel for the 1st respondent opposes the refund of amount of rupees ten lakhs. He points out that this direction was made as a pre-condition for issuing notice given the reckless allegations made by the petitioner in paragraph-16 of the petition. He, therefore, submits that this amount should be forfeited. 6. Assuming that the allegations made in paragraph-16 were reckless, the petitioner, is now, not pursuing the petition, which will demean the allegations made in the petition. It is also not a case where the petitioner obtained any interim orders, thereby drawing some undue advantage, based upon the averments made in the petition. Therefore, we do not think that the case is made out to order forfeiture. 7. Learned counsel for the petitioner has explained that after no interim relief was granted, work has already been allotted to the private respondent and, therefore, the petitioner is advised not to pursue this petition. 8. I.A. No. 494 of 2025 is, therefore, allowed. The writ petition is dismissed as withdrawn. 9. The deposited amount is directed to be refunded to the petitioner, as indicated above. (M.S. Sonak, C.J.) (Rajesh Shankar, J.) January 20, 2026 Ranjeet / R.Kr. Uploaded on 22.01.2026