MD WALI IMAM v. M/S BHARAT COKING COAL LIMITED REPRESENTED THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR
WPC/5203/2022 · 2026-06-10
Rajesh Shankar
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 16105 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 16105 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:16680-DB 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.5203 of 2022 ----- Md. Wali Imam, son of Late Nawshe Rawa Khan, resident of Lodna Masjid Patti, P.O.-Lodna, P.S. Tisra (Jharia), District- Dhanbad.
.......... Petitioner. -Versus-
1. M/s. Bharat Coking Coal Limited represented through its Chairman-cum-Managing Director, office at Koyala Bhawan, P.O. Koyala Nagar, District-Dhanbad.
2. The General Manager, Kusunda Area-VI, Bharat Coking Coal Limited, P.O.-Kusunda, P.S.-Kenduadih, District-Dhanbad.
3. The Project Officer, East Bassuria Colliery, Bharat Coking Coal Limited, P.O. Kusunda, P.S. Kenduadih, District-Dhanbad.
.......... Respondents. -----
CORAM : HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Sanjay Prasad, Advocate For the Respondents: Mr. Arpan Mishra, Advocate
-----
Order No.08
Date: 10.06.2026
1. Heard learned counsel for the parties.
2. The petitioner, by instituting this petition, seeks the refund of security deposit.
3. The respondents have filed a counter affidavit and paragraph no.13 of the same reads as follows: -
“That it is stated that therefore, the petitioner failed to submit statutory return in respect of CMPF to the respondents and as a result failed to fulfil its obligation as prescribed in the aforesaid clause due to which the final financial closure of the contract could not be processed and the respondent was bound to withhold the retention money of the agency. However, in case the petitioner submits its statutory return relating to CMPF to the management of respondent company in compliance of the aforesaid clause of NIT the outstanding retention money shall be paid to agency after following the due procedure of final financial closure of contract and after obtaining approval from the Competent Authority”.
2026:JHHC:16680-DB 2
4.
Learned counsel for the petitioner states that the statutory return relating to CMPF would be submitted to the respondent-company as expeditiously as possible and preferably within six weeks from today.
5. If the statutory return is indeed submitted, the respondent- company must refund the retention money to the petitioner within a period of two months from the receipt of the statutory return.
6. If there is any delay in the refund of the retention amount/security deposit amount despite the petitioner submitting the statutory return, then, the amount of security deposit shall carry interest at the rate of 7% per annum. The same will have to be paid to the petitioner within a further period of four weeks.
7. This petition is disposed of in the above terms without any order for costs.
(M. S. Sonak, C.J.)
(Rajesh Shankar, J.) 10th June, 2026 Sanjay/Rohit Uploaded on 11.06.2026