NATH AND COMPANY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner M/s Nath and Company through its partner Sunil Kumar has approached this Court by invoking extra -ordinary jurisdiction under Article 226 of the constitution seeking a writ or writs, order or orders, direction or directions to respondents no. 2 and 3. to pay the admitted dues arising out of the works contract vide agreement no. 8 F2 of 1992 -93 (Annexure 8).

(2.) THE short facts leading to this petition are as under. The petitioner firm is a registered company under the Companies Act and it is styled as M/s Nath and Company. It is carrying on business of construction works.

(3.) FOR the construction of Harijan hostel at Aurangabad tenders were invited by Respondents no. 2 and 3 and pursuant to that the petitioner submitted its tender. It appears that tender was opened in favour of the petitioner. After completing the required formalities i.e. entering into a contract agreement, furnishing of security/solvency certificate etc., a letter bearing no. 280 dated 2.6.92 was issued in favour of the petitioner for raising the construction of Harijan hostel at Aurangabad.