IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.C. No. 486 of 2011
Jyotirmoy Mitra............... Petitioner
Versus
M/s Bharat Coking Coal Limited & Ors.. .............. Respondents.
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Coram: Hon'ble Mr. Justice R.K.Merathia
......
For the Petitioner : Mr. Jitendra Tripathy, Advocate
For the Respondents :
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2/03.03.2011
Mr. J. Tripathy, learned counsel for the petitioner submitted that
though the work completion certificate was given from time to time between
1998 to 2003, but the bills were not paid in full. The petitioner went on
making representations and, ultimately, by letter dated 19/20.20.2010, he
has been asked to apply for only Rs. 54175/ against full and final payment
of his claims.
It is settled position that time barred money claim cannot
be allowed to be revived by way of writ petition.
On the own showing, the bills of the petitioner relate to
the year 19982003. Even if it is accepted that the petitioner went on
making representation that will not save the limitation.
In the circumstances, I am not inclined to interfere in the
matter under writ jurisdiction.
On this, learned counsel for the petitioner submitted that
at least the respondents may be directed to pay the said amount as soon as
the petitioner complies with the terms of the said letter dated
19/20.02.2010.
Accordingly, the respondents are directed to pay the said
amount to the petitioner within 7 days from the date the petitioner complies
with the terms of the said letter.
With these observations and directions, this writ petition
stands disposed of.
(R.K.Merathia, J)
Mukund/