Petitioner filed writ for non-payment of contract value of Rs. 17,11,405/- for bulldozer maintenance. Respondents admitted liability due to funds but sought time. Court fixed deadline for balance payment of Rs. 15,05,405/-.
Directed respondents to pay balance amount of Rs. 15,05,405/- to petitioner by 31.03.2021.
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GAHC040000862020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : WP(C) 39/2020
1:M/S G R Enterprise
represented by Smti Gyamar Rengke, resident of D Sector, PO Itanagar, Papumpare District, AP
VERSUS
1:The State of AP and 3 ors
represented by the Secretary, PWD, Govt of AP, Itanagar
2:The Chief Engineer PWD Govt of AP Itanagar
3:The Superintending Engineer PWD Yachuli Civil Circle Lower Subansiri District AP
4:The Executive Engineer Jamin PWD Division Govt of AP Kra Daadi District A
Advocate for the Petitioner : P. Tsering
Advocate for the Respondent : Mr. I. Riram, GA (AP)
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BEFORE HONBLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER
Date : 20-11-2020
Heard Mr. P. Tsering, learned counsel for the petitioner. Also heard Mr. I. Riram, learned Addl. Sr. Govt. Advocate appearing for all the respondents.
2. The present writ petition has been filed for non-payment of money due to the petitioner. The petitioner was awarded a contract for maintenance of assets credited (R&B) under Jamin Division during 2016-17. The specific work that was awarded to the petitioner was for repairing and maintenance of Bulldozer D-80/A-12, 180 HP. The value of the contract was Rs. 17,11,405/- (rupees Seventeen Lakhs eleven thousand four hundred five) only. The petitioner has already completed the aforesaid work but he was paid Rs. 1,96,000/- (One Lakh Ninety Six Thousand) only.
3. In paragraph-23 of the affidavit-in-opposition filed by the respondents, they have admitted the aforesaid fact. They claim that due to paucity of fund, the money could not be paid till now.
4. Today, Mr. Riram, learned Addl. Sr. Govt. Advocate has submitted that if sometime is given to the respondents, the respondents may be able to pay the remaining balance amount of Rs. 15,05,405/- (Rupees Fifteen Lakhs five thousand four hundred five) only to the petitioner.
5 The learned counsel for the petitioner has agreed to that condition that a time limit should be fixed for payment of the money.
6. Accordingly, it is hereby directed that the respondents shall pay the balance amount of Rs. 15,05,405/- (Rupees Fifteen Lakhs five thousand four hundred five) only to the petitioner, within 31.03.2021.
7. With the aforesaid direction, the present writ petition stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner is entitled to the balance payment of Rs. 15,05,405/- for the completed maintenance work.
M/S G R Enterprise
The State of AP
The Chief Engineer PWD Govt of AP Itanagar
The Superintending Engineer PWD Yachuli Civil Circle Lower Subansiri District AP
The Executive Engineer Jamin PWD Division Govt of AP Kra Daadi District A
Parthivjyoti Saikia
As recorded by the court registry
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