Chaika Polymers Private Limited vs State of Jharkhand and Others

R.K. Merathia, J.—Mr. S.K. Singh, learned Counsel for the Petitioner submitted that though the cheque of Rs. 2,22,285/ dated 29/02/2008, was issued against the dues of the Petitioner but the same was returned by the State Bank of India saying that it was out of date in the first week of April. Thereafter, in spite of repeated request revalidated/fresh cheque has not been issued to the Petitioner due to which the Petitioner is suffering loss and hardship.

Counsel for the Respondents State submitted that in the absence of instructions and counter affidavit, he is not in a position to accept or controvert the statements made by the Petitioner.

In the circumstances, the Petitioner is permitted to make a representation before Respondent No. 4 The EngineerinChief, Drinking Water and Sanitation Department, Jharkhand, Ranchi. If he finds that Petitioner''s grievance is genuine, he will order for issue of fresh/revalidated cheque for the said amount to the Petitioner. If he finds that the Petitioner was/is not entitled to the said amount, the reasons thereof should be communicated to him. This exercise should be completed as early as possible and preferably within four weeks from the date of receipt of the representation.

It is made clear that if the said amount is found due to the Petitioner and it is not paid in terms of this order, the Respondents will also be liable to pay simple interest @ 12% per year from the date of the earlier cheque till the date of payment, which will be recoverable from the concerned persons, who are held responsible for delay in payment.

With these observations and directions, this writ petition stands disposed of.