Court disposed of a writ petition seeking payment of outstanding construction bills, directing the respondent authority to verify and pay undisputed amounts before the petitioner raises other claims.
Directed respondents to verify and pay undisputed bill amount to the petitioner after verification.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (C) No. 4949 of 2023
“LARSEN AND TOUBRO LIMITED”, having its Registered office at L & T House, Narottam Morarji Marg, Ballard Estate, Mumbai -400001 acting through its Project Manager namely Vibhore Mishra, aged-34 years, R/o L&T Construction Ltd., STP-03, R/o L&T Construction Ltd., STP-03, Sector-24, Near Aranyam Restaurant, Nava Raipur Atal Nagar (C.G.)
---- Petitioner
Versus
---- Respondents
For Petitioner : Mr. Siddharth Rathod, Advocate For Respondent No. 1 : Mr. Rahul Jha, Govt. Advocate. For Respondents No. 2 & 3 : Mr. Vikram Sharma, Advocate.
Hon'ble Mr. Justice Naresh Kumar Chandravanshi
Order On Board
20-12-2023
Heard.
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10.1 This Hon'ble Court may kindly be pleased to call the entire records of the case for its kind perusal in the ends of justice.
10.2 This Hon'ble Court may be pleased to direct the RDA/Respondent No. 2 to pay petitioner Company a sum of Rupees 14.52 Crores (Rupees Fourteen Crores and Fifty Two Lakhs) towards the outstanding Bills for Package No. 2 and a sum of Rupees 2,74,54,156 (Rupees Two Crores Seventy Four Lakh Fifty Four Thousand and One Hundred Fifty Six) towards the Outstanding Escalation Bills for Package No. 2 along with interest of 24% per annum till date of its realization.
10.3 This Hon'ble Court may be pleased to declare that the impugned inaction of the respondent authority in making payment to the petitioner company against the outstanding bills is arbitrary, illegal and beyond the jurisdiction.
10.4 Cost of the petition may also be granted to the petitioner company.
10.5 Any other relief which this Hon'ble court may deem fit in the ends of justice, equity and good conscience shall be granted to petitioner.
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sum of Rs.136.36 Crores (Rupees One Hundred Thirty Six Crores and Thirty Six Lakhs Only). It is further submitted by learned counsel for the petitioner that Petitioner-company has performed all the works as per the agreement, to which no dispute whatsoever has been raised by the respondents authority till the handing over of the work site by Petitioner Company. Completion certificate in this regard has also been issued by respondent No. 2 – Raipur Development Authority in favour of the petitioner- Company. After completion of work, petitioner- Company has submitted all the bills against the work done by it for payment of bill amount as raised in this petition, but the same has not been paid by respondents authority, therefore, learned counsel for the petitioner would submit that this petition may be disposed of directing respondents authorities to pay undisputed amount, which has been certified by respondents authorities within a period of 90 days from the date of receipt of certified copy of this order, thereafter, the petitioner shall be at liberty to raise his other claims before respondents authorities in accordance with law.
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(Naresh Kumar Chandravanshi) Judge
Amit/
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State of Chhattisgarh
Raipur Development Authority
Superintending Engineer, Raipur Development Authority
Naresh Kumar Chandravanshi
As recorded by the court registry
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