Allowed

Hombale Constructions and Estates Private Limied v. Nbcc India Limited

Karnataka HC29 Nov 2023WP/13214/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a writ petition filed by a construction company seeking mandatory relief to pay the dues of its satisfactorily completed R&D wing project. The court directed the respondents to release an amount of Rs. 1.24 crores within four weeks based on their undertaking. The plea of interest was kept open.

What did the court decide?

Respondents directed to pay Rs. 1.24 crores within four weeks of receipt of order copy. Plea for interest kept open.

Hombale Constructions and Estates Private Limied Vs… — Specific Performance | Karnataka HC (2023)

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1 - NC: 2023:KHC:43198 WP No. 13214 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 29^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 13214 OF 2022 (GM-RES)

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BETWEEN:

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HOMBALE CONSTRUCTIONS AND ESTATES PRIVATE LIMITED A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013 REGISTERED OFFICE AT: NO.1312, 11^TH MAIN, VIJAYANAGAR BENGALURU – 560 040 REPRESENTED BY ITS AUTHORISED SIGNATORY MR.CHALUVE GOWDA H.S.,

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…PETITIONER

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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(BY SRI UDAYA HOLLA, SR. ADVOCATE FOR SRI. BHARGAVA D. BHAT, ADVOCATE)

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AND:

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NBCC (INDIA) LIMITED A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT NBCC BHAWAN, 2^ND FLOOR LODHI ROAD, DELHI 110 003 REPRESENTED BY ITS DIRECTOR

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BANGALORE OFFICE AT: NO.D-330, ITI COLONY EAST 4^TH LANE,

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2 - NC: 2023:KHC:43198 WP No. 13214 of 2022

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DOORAVANI NAGAR K.R.PURAM

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BENGALURU – 560 016.

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UNION OF INDIA REPRESENTED BY THE SECRETARY DEPARTMENT OF CHEMICALS AND PETROCHEMICALS 236 A, A- WING, 2^ND FLOOR SHASTRI BHAWAN NEW DELHI – 110 001.

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CENTRAL INSTITUTE OF PETROCHEMICALS ENGINEERING AND TECHNOLOGY (CIPET) CIPET HEAD OFFICE T.V.K.INDUSTRIAL ESTATE GUINDY, CHENNAI – 600 032 REPRESENTED BY ITS DIRECTOR GENERAL.

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PRINCIPAL DIRECTOR AND HEAD ADVANCED POLYMER DESIGN AND DEVELOPMENT RESEARCH LABORATORY NO.488/B, 4^TH FLOOR, BLOCK-2 KIADB BUILDING, 14^TH CROSS PEEENYA 2^ND STAGE BENGALURU – 560 032.

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STATE OF KARNATAKA REPRESENTED BY THE DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA AMBEDKAR VEEDHI,

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NC: 2023:KHC:43198 WP No. 13214 of 2022

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BENGALURU – 560 001 REPRESENTED BY ITS SECRETARY.

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…RESPONDENTS

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(BY SRI. AHAAN MOHAN, ADVOCATE FOR R1; SRI RAJARAM SOORYAMBAIL, ADVOCATE FOR R2, R3 AND R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 3 TO JOINTLY AND SEVERALLY PAY THE PETITIONER A SUM OF RS.1,30,82,476.58 (RUPEES ONE CRORE THIRTY LAKHS EIGHTY TWO THOUSAND FOUR HUNDRED AND SEVENTY SIX AND FIFTY EIGHT PAISE ONLY) ALONG WITH INTEREST AT THE 24 PERCENT PER ANNUM BEING RECKONED FROM 1.12.2020.

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus directing respondent Nos.1 to 3 to pay the petitioner a sum of Rs.1,30,82,476.58 along with interest.

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Heard Sri Udaya Holla, learned senior counsel for the petitioner and Sri Rajaram Sooryambail, learned counsel for respondent Nos.2 to 4.

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NC: 2023:KHC:43198 WP No. 13214 of 2022

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A notice inviting tender (for short ‘NIT’) is issued by respondent No.1 for the construction of Research and Development Wing i.e., Advanced Polymer Design and Development Research Laboratory, in the respondent No.1 – NBCC (India) Limited. The petitioner was awarded the contract and the petitioner completes the contract to the satisfaction of the respondents, as the respondents had handed over a performance report as well, to the hands of the petitioner. Despite the performance of the petitioner being satisfactory, the amount that was due to the petitioner was not released. Representations to that effect went unheeded. It is at that juncture, the petitioner has knocked at the doors of this Court in the present petition.

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Sri Udaya Holla, learned senior counsel for the petitioner would submit that there is no justification to withhold any amount much less, the amount that is withheld despite satisfaction of the work to respondent Nos.2 to 4.

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Learned counsel for the respondents submits that if reasonable time is granted, an amount close to

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NC: 2023:KHC:43198 WP No. 13214 of 2022

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Rs.1,24,00,000/-, which is to be paid to the petitioner, would be fulfilled. The submission is placed on record, as an undertaking.

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Respondent Nos.1 to 4 shall abide by the undertaking as aforesaid and release the petitioner the amount that he is in due, which according to the learned senior counsel is close to Rs.1.24/- crores.

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For the aforesaid observations, the following:

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ORDER

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a. The writ petition is allowed.

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b. Mandamus issues to the respondents to pay Rs.1.24/crores within a period of four weeks from the date of receipt of a copy of the order.

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c. The plea of interest is kept open for the petitioner to avail such remedy as is available in law.

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Sd/JUDGE

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NVJ/List No.: 1 Sl No.: 94

Hombale Constructions and Estates Private Limied v. Nbcc India Limited

Case brief

What is this about?

What did the court decide?

Hombale Constructions and Estates Private Limied v. Nbcc India Limited

Case brief

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What did the court decide?

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