Extracted from the PDF above. The PDF is authoritative.
1
CGHC010115582023
2026:CGHC:30269
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1913 of 2023 1 - Bipin Singh S/o Shri Kamleshwar Singh Aged About 37 Years R/o Usuri Kumhartola Post And Police Station Tarwara District - Siwan, Bihar.
... Petitioner(s) versus 1 - Ntpc Ltd. Chairman And Managing Director Ntpc Bhawan, Scope Complex Institutional Area, Lodhi Road New Delhi 110003. 2 - M/s. Ntpc Limited, Lara Sttp, Ntpc Site Office Lara, Raigarh, Chhattisgarh. 3 - Manish Singh Thakur Dgm Ntpc Site Office, Lara Raigarh, Chhattisgarh.
... Respondent(s) For Petitioner(s) : Ms. Anju Ahuja, Advocate. For Respondent(s) No. 1 & 2 : Mr. Anuroop Panda, Advocate.
Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board 16/07/2026
1. By way of this petition, the petitioner has prayed for following reliefs:-
“10.1 That, the Hon'ble Court be pleased to direct the respondents to place all the records of the case for kind perusal of the Hon'ble Court. RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT
2 10.2 That, the Hon'ble Court may be pleased to issue a direction to respondent authorities to clear the payment of overdue bills amounting to Rs.18,00,000/- with interest @ 18% within a stipulated time. 10.3 That, such other reliefs as the Hon,ble Court deems fit and proper in the circumstances of the case may also be granted to the petitioner in the interest of justice. 10.4 That, such other reliefs as the Hon'ble Court deems fit and proper in the circumstances of the case may also be granted to the petitioner in the interest of justice.”
2. Learned counsel for the petitioner submits that the petitioner was engaged as a sub-contractor by Unitech Machines Limited for execution of certain works at the NTPC, Lara Project, District Raigarh, Chhattisgarh. It is submitted that the petitioner duly executed the work entrusted to him and completed his contractual obligations. However, despite execution of the work, the legitimate dues payable to the petitioner have not been released. Learned counsel further submits that Unitech Machines Limited, acknowledging the petitioner's claim, addressed a communication dated 10.01.2019 to the authorities of NTPC, requesting that the amount payable in respect of the work executed by the petitioner
3 be disbursed directly in his favour. Despite the said communication and repeated requests made by the petitioner, no decision has been taken by the concerned authorities, nor has any amount been released to the petitioner. 3. Per contra, learned counsel appearing for respondents No. 1 and 2 submits that there exists no contractual relationship between the petitioner and NTPC. It is contended that the contract for execution of the work was entered into exclusively between Unitech Machines Limited and NTPC, and the petitioner, being merely a sub-contractor engaged by Unitech Machines Limited, cannot claim any payment directly from NTPC in the absence of any contractual privity between them. It is, therefore, submitted that no liability can be fastened upon NTPC to make payment directly to the petitioner. 4.
At this stage, learned counsel for the petitioner submits that the petitioner has already submitted a detailed representation before the competent authorities requesting consideration of his claim. He further submits that, in view of the communication dated 10.01.2019 issued by Unitech Machines Limited requesting NTPC to release the petitioner's dues, the petitioner would be satisfied if an appropriate direction is issued to the competent authority to consider and decide the said representation in accordance with law. 4
5. Heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, particularly the fact that the petitioner has already submitted a representation before the competent authority and that Unitech Machines Limited has addressed a communication dated 10.01.2019 to NTPC requesting release of the petitioner's dues, this Court deems it appropriate, without entering into the merits of the rival claims, to direct the competent authority of NTPC to consider and decide the petitioner's representation in the light of the aforesaid communication and all other relevant materials, strictly in accordance with law, by passing a reasoned and speaking order. 7. It is made clear that this Court has not expressed any opinion on the merits of the petitioner's claim or on the entitlement of the petitioner to receive the amount in question. The competent authority of NTPC shall independently examine the petitioner's representation, including the communication dated 10.01.2019 issued by Unitech Machines Limited, and pass an appropriate
order in accordance with law within a period of 45 days from the date of receipt of a certified copy of this order.
8. With this observation and direction, the writ petition is disposed of. SD/- (Amitendra Kishore Prasad) Judge Raghu Jat