Disposed

M/S M. K. Gupta and Company v. South Eastern Coalfield Limited

Chhattisgarh HC4 Jul 2023WPC/2350/2023

Case brief

AI extract

What is this about?

A writ petition regarding non-payment of undisputed work dues by South Eastern Coalfield Limited. The Court disposed of the matter by directing the respondent to decide on the petitioner's pending representation within six weeks, avoiding immediate adjudication of the amount.

What did the court decide?

Directed respondents to consider the petitioner's pending representation and decide the matter expeditiously within six weeks.

M/S M. K. Gupta and Company Vs South… — Contract and Commercial Disputes | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT of CHHATTISGARH, BILASPUR

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WPC No. 2350 of 2023

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M/s M. K. Gupta And Company The Partnership Firm Having Its Office At 154, Indira Commercial Complex (Icc), Tp Nagar Korba, Through Its Partner Shri Deepak Agrawal, Aged About 43 Years Resident Of Navrang Kunj, Sitamani Main Road, Ward No.7, Korba Town, Korba, District Korba (C.G.) 495677.

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---- Petitioner

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Versus

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South Eastern Coalfield Limited Through Its General Manager (Civil) Secl Head Quarter, Seepat Road Bilaspur, District : Bilaspur, Chhattisgarh

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The Area General Manager Secl Dipka, Dipka Project, District : Korba, Chhattisgarh

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The General Manager (Civil) South Eastern Coalfields Limited, Dipka Area, District : Korba, Chhattisgarh

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The Senior Manager (Civil) South Eastern Coalfields Limited, Dipka Expansion Project, District : Korba, Chhattisgarh

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The Dy. General Manager (Civil) Dipka Area, Secl, Dipka Project, District : Korba, Chhattisgarh

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The Assistant Manager (Civil) Dipka Expansion Project, District : Korba, Chhattisgarh

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The Sub Head Officer Engineer (Civil) Dipka Project, District : Korba, Chhattisgarh

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---- Respondents

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______________________________________________________________ For Petitioner : Mr. Vikram Sharma, Advocate For Respondents : Mr. H.S. Ahluwalia, Advocate

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S.B.: Hon'ble Shri Parth Prateem Sahu, Judge

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Order On Board

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04/07/2023

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Grievance of the petitioner in this writ petition is with respect to non-payment of undisputed amount which is payable to the petitioner from the respondents against the completion of work

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by him under NIT dated 29.9.2014 (Annexure P-2) for strengthening of coal transportation road by jointed plain cement concrete pavement from BSES to Dipka Police Chowk via Shramik Chowk at Dipka Area of District – Korba.

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Learned counsel for the petitioner submits that pursuant to agreement of contract entered into between the parties, petitioner successfully completed the work and the officers of the respondent department has also issued the certificate in this regard firstly on 17.8.2017 under the subject- 'defect liability certificate' wherein they have clearly mentioned that the petitioner carried out the work generally to the specification and drawing and has been completed satisfactorily. There are no noticeable defects. It is also submitted that thereafter work completion certificate was also issued on 20.10.2018. Vide Certificate Annexure P-6, respondents have issued the payment details which shows that outstanding due to the petitioner is Rs.1,03,59,195.21/-. The outstanding dues is shown to be as on 21.07.2018. Since last 5 years respondents have withheld the amount due to the petitioner. Aggrieved by the arbitrary action on the part of respondents, petitioner had submitted representations on 15.09.2018, 21.10.2019, 14.11.2019 and 27.04.2023, however, non of the representations was considered and decided by the respondents. It made the petitioner to file this writ petition. He contended that as the representations of the petitioner is pending and from the document it is also reflecting that work completion certification has already been issued including no defect certificate and also

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the documents showing outstanding dues in favour of the petitioner, respondents be directed to take decision on the representations submitted by the petitioner expeditiously within specified time.

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Learned counsel for the respondents do not dispute the factual submission made by learned counsel for the petitioner based on the documents enclosed along with writ petition on the ground that at this stage, he cannot dispute the documents placed on record by the petitioner.

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From the submission of learned counsel for the petitioner and perusal of the documents placed on record i.e. Work Completion Certificate, No Defect Certificate issued by the respondents department, it is prima facie appearing that the petitioner completed work and also certified by the department. Respondent being a public sector company are expected to act wisely. As the submission of counsel for the petitioner is that his representation is pending consideration, this writ petition at this stage is disposed of directing the respondents to take decision on the pending representation of the petitioner expeditiously, preferably within a period of 6 weeks from the date of receipt of order.

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Petitioner will also be at liberty to submit fresh representation if he so desires along with the copy of order.

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Sd/-/-/-/-/-/--------/--/-

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(Parth Prateem Sahu) Judge

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Praveen

M/S M. K. Gupta and Company v. South Eastern Coalfield Limited

Case brief

What is this about?

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M/S M. K. Gupta and Company v. South Eastern Coalfield Limited

Case brief

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