STATE OF BIHAR Vs. LACHHMAN WIRE INDUSTRIES LTD

JUDGEMENT

(1.) THE appellants have challenged the order dated 23.7.2002 passed in C.W.J.C. No. 10947 of 2001 [reported in 2004(4) PLJR 536].

(2.) THE relevant facts of the case are that tenders were invited by the Director, Purchase and Transport Water Resources Department, Government of Bihar for supply of Black Annealed Wires and Galvanised Iron Wires in the years 1988, 1989 and 1990. The respondent filed tender and his tender was accepted for supply of the aforesaid article. In terms of the agreement 90% of the bills amount were paid and 10% of the bills amount i.e. Rs.7,82,211.63 were retained to be paid finally after receipt of materials and alter due verification. Since the appellants were not paying the said amount the respondent moved the State Appellate Committee for redressal of its grievance. The State Appellate Committee allowed the claim of the respondent. However, the due amount was not paid and as such the respondent filed a petition before the Industry Facilitation Council. The said authority also issued direction for payment of due amount. Inspite of the orders of the State Appellate Committee and Industry Facilitation Council, no payment was made. Thus, the respondent was compelled to move this court in C.W.J.C. No. 10947 of 2001. The writ petition was disposed of on 23.7.2002 [reported in 2004(4) PLJR 536] with a direction to the appellants to pay the due amount to the respondent which has been impugned.

(3.) ON consideration, we find no error in the order of the learned Single Judge. Accordingly, the Letters Patent Appeal is dismissed.