NATIONAL PRINTERS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) Since both these applications are interconnected, both were heard together and disposed of by this common order. The writ has been preferred by the Petitioner for issuance of an appropriate writ or a writ in the nature of mandamus directing upon the respondent No. 2, the Registrar General of Jharkhand High Court, to disburse a sum of Rs.4,36,95,572.00 and also a sum of Rs.1,17,40,070.00 along with interest accrued thereupon which was deposited vide Cheque No. 444991 and 444993 dtd. 6/9/2018 by Jharkhand Education Project Council before the Registry of this Hon'ble Court pursuant to the direction passed in Contempt (Civil) Case No. 162 of 2018. The petitioner has further prayed in the writ application about the interest and accrued interest on the deposited cheques. It is necessary to indicate at this stage that the principal amount of Rs.4,36,95,572.00 has already been paid to the petitioner during pendency of this writ application, the fact which has been given in the later paragraphs. The C.M.P. No. 355 of 2019 has been preferred by the petitioner-JEPC praying therein for a direction upon the registry to release amount of Rs.5,54,42,642.00 comprising of an amount of Rs.4,36,95,572.00 and Rs.1,17,47,070.00 deposited before the registrar together with interest generated thereupon in terms of the order dtd. 20/5/1990 passed in C.M.P. No. 308 of 2019.

(3.) The brief facts which are necessary for disposal of both these applications is that a tender dtd. 25/8/2012 for printing and supplying of text books, for Classes I to VIII was floated by the Respondent No.3-Jharkhand Education Project Council (Petitioner in C.M.P. No.355 of 2019). The Petitioner-Firm participated in the bidding process and was awarded the contract. The contract was valued at Rs.16,62,79,595.29. The Petitioner furnished the bank guarantee of Rs.83,13,980.00, i.e., 5% of the amount as security, and the work order dtd. 25/9/2012, was issued in its favour. The Petitioner-Firm completed the work for printing and supplying of the text books within the stipulated period and submitted the bills, dtd. 21/2/2013. Thereafter, it filed the representation dtd. 28/6/2013, requesting the Respondents to release the remaining amount of Rs.11,61,70,081.00, but the Respondents did not release the outstanding amount. Then, the Petitioner-Firm filed W.P.(C) No. 798 of 2014; wherein this Court directed the Respondent to consider the Petitioner-Firm representation and pass a reasoned ordered within six weeks. In view of the direction of the High Court in W.P(C) No.798 of 2014 the Petitioner-Firm submitted several representations, for releasing the outstanding amount, to the Respondents. In response to representations, the respondents, by letter dtd. 5/6/2014, rejected the claim of the Petitioner-Firm on the basis of the communication dtd. 18/10/2013 of the Ministry of Human Resources Development Department (for short 'MHRD'), Government of India (for short GOI). The petitioner aggrieved from the letter dtd. 5/6/2014 filed writ petition being W.P.(C) No. 151 of 2015 for redressal of his grievances. The writ was disposed by directing the Respondents to arrange the payments of Rs.11,61,70,081.00 along with interest @6 % from the date it became due. Further when the order was not complied the Petitioner-Firm filed Contempt (Civil) Case No. 162/2018 wherein the Respondents were directed to deposit the entire admissible dues along with interest before the Registrar General of Jharkhand High Court. Pursuant to the order the Respondents-JEPC deposited 4 cheques with Registrar General of Jharkhand High Court.