Patna High Court
Contract LawCivil Procedure and Evidence

Contractual maintenance periods commence from actual completion, and admissible dues are payable for maintenance performed.

M/s Jai Mata Di Construction Company vs The State of Bihar

Patna High CourtJUDGMENT: October 01, 20262 MIN READSOURCE JUDGMENT
Contractual maintenance periods commence from actual completion, and admissible dues are payable for maintenance performed.. M/s Jai Mata Di Construction Company vs The State of Bihar. Patna High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner was engaged under Agreement No. 38/MBD/2015-16 to construct and maintain two roads for five years.

Source reference: no citation

The construction work was recorded in the Measurement Book, and the respondents admitted that it was completed and that ₹6,83,45,113 had been paid towards construction costs.

Source reference: para. 2–3, 7

The parties disputed the maintenance work and related payments: the respondents said the petitioner had maintained the roads for only three years, while the petitioner claimed payment of outstanding contractual dues, including maintenance charges, GST and security deposit.

Source reference: para. 7–12

The petitioner also challenged the recorded completion date for part of the work.

Source reference: para. 1(VI)

The writ petition sought payment and related reliefs.

Source reference: para. 1
02

Issues

1. Whether the petitioner was entitled to payment of admissible maintenance dues for the disputed 150-metre portion, and how the completion date affected calculation of the maintenance period.

Source reference: para. 14–17

2. Whether the Court should direct payment of the petitioner’s other claimed contractual dues, including GST, interest and security deposit.

Source reference: para. 1, 8, 11–12
03

Law Applied

The Court applied the terms of the parties’ agreement, the applicable rules, and the departmental records—including the Measurement Book—to determine the admissible maintenance dues and the relevant completion date.

Source reference: para. 16–17

The judgment cites no statute, regulation, or precedent, and states no broader legal doctrine governing contractual claims.

Source reference: no citation
04

Reasoning

The Court found that the construction had been completed and recorded, and that the remaining dispute concerned a 150-metre portion and the consequent maintenance period.

Source reference: para. 14–16

Because that portion was also completed, the Court directed the respondents to determine the admissible maintenance dues by verifying the Measurement Book and other departmental records. It further held that the actual completion date must be used to calculate the five-year maintenance period.

Source reference: para. 16–17

The Court did not separately adjudicate the claims for GST, interest, security deposit, or other reliefs.

Source reference: no citation
05

Holding

The Court directed the respondents to verify the relevant records and pay the admissible maintenance dues relating to the 150-metre portion, in accordance with the agreement and applicable rules, after completion of the stipulated five-year period.

Payment was to be made within three months of receipt or production of the order.

Source reference: para. 17

The judgment did not grant the claimed GST, interest, security-deposit or litigation-cost reliefs.

Source reference: no citation
Patna High Court

Original Court PDF

M/s Jai Mata Di Construction CompanyvsThe State of Bihar

Patna High Court · October 01, 2026

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