2025 (3) TMI 476

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....er referred to as the 'Corporation'). 2. This writ application has been preferred seeking the following reliefs:- "1. a. For issuance of appropriate writ, rule or direction upon the respondents for direction to pay/reimburse the GST claim amount Rs. 2,33,64,764.00 approx as per SBD clause 35 of levy/taxes if levied after receipt of tenders from the bidders and also from the clauses of contract in section 35 of the standard bidding document in the various works departments of the government of Bihar. b. For consequential direction to pay applicable interest upon the respondents to incorporate the provisions/order of Hon'ble court along with order dt-27.05.2019 of S.O.R committee of all working department in which clear order passed to t....

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....gment dated 05.07.2019 passed by a learned Single Judge of this Court (one of us Mr. Justice Rajeev Ranjan Prasad) in CWJC No. 1452 of 2019 and other analogous matters wherein after taking note of the stand of the learned counsel for the petitioner(s) and the State, it was found that earlier there had been some issues with regard to the payability of the differential amount on account of the GST but later on, the same was resolved after holding meetings between the petitioner(s) and the competent authorities of the State. This Court has been informed that the decision rendered in CWJC No. 1452 of 2019 and other analogous matters has attained finality and those petitioners have been paid the differential amount. 7. Referring to Clause '35' ....

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....way of a fair consideration of the claim of the petitioner and an appropriate decision shall be taken immediately after the petitioner complies with the requirements mentioned in the letter. 11. Having heard learned counsel for the parties, we find that the Respondent Corporation is ready to consider the claim of the petitioner in accordance with SBD Clause '35', subject to the condition that the petitioner submits a complete claim and fulfills the requirement by furnishing the information which have been sought for by the Superintending Engineer of the Corporation in Annexure 'R/B'. 12. We, therefore, grant liberty to the petitioner to submit a complete claim with all such information which have been sought for in Annexure 'R/B' within a....