Allowed

M/S. a.Ramanathan & Company v. the Government of Karnataka

Karnataka HC14 Jun 2024WP/44618/2015

Case brief

AI extract

What is this about?

Petitioners filed a writ petition under Articles 226 and 227 of the Constitution of India for the release of an admitted sum of Rs. 68,62,587/- with interest due to them under a government works contract completed in 2009. The court directed the respondent to pay the amount with interest within three months.

What did the court decide?

Petitioners to receive Rs. 68,62,587/- with 6% p.a. interest from Oct 09, 2015 to be paid by Respondents within three months.

M/S. a.Ramanathan & Company Vs the Government of… — Company and Corporate | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC:22248 WP No. 44618 of 2015

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 14^TH DAY OF JUNE, 2024

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

¶7

WRIT PETITION NO. 44618 OF 2015 (GM-TEN)

¶8

BETWEEN:

¶9

M/S. A.RAMANATHAN & COMPANY (A PARTNERSHIP FIRM, DOING BUSINESS IN TRANSPORT & CIVIL CONTRACT), HAVING ITS OFFICE AT NO.11, NADU UDAYAR STREET, MELAKAIKANDARKOTTAL, TIRUCHIRAPALLI – 620 011. REPRESENTED BY ITS MANAGING PARTNER

¶10

MR.R.PANNEERSELVAM, S/O A.RAMANATHAN, AGED ABOUT 68 YEARS,

¶11

SINCE DECEASED BY LRS

¶12

SMT.SAROJA, AGED ABOUT 60 YEARS, W/O R.PANNEERSELVAM,

¶13

Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

¶14

SRI.P.R.PRANDAMAN, AGED 35 YEARS, S/O LATE P.PANEERSELVAM, BOTH R/AT II, NADU UDAYAR STREET, TRICHY – 620 011.

¶15

…PETITIONERS

¶16

(BY SRI. P.B. RAJU., ADVOCATE)

¶17

AND:

¶18

THE GOVERNMENT OF KARNATAKA, REPRESENTED BY SECRETARY, DEPARTMENT OF PUBLIC WORKS, VIDHANA SOUDHA, BANGALORE – 560 001.

¶19

THE CHIEF ENGINEER, COMMUNICATION & BUILDINGS (SOUTH),

¶20

2 - NC: 2024:KHC:22248 WP No. 44618 of 2015

¶21

PUBLIC WORKS DEPARTMENT, M.S.BUILDING, VIDHANA VEEDHI, BANGALORE – 560 001.

¶22

THE EXECUTIVE ENGINEER, PUBLIC WORKS DIVISION, MANDYA DIVISION, MANDYA – 571 401.

¶23

…RESPONDENTS

¶24

(BY SMT.M.V.ADITHI, LEARNED AGA FOR R1 TO R3)

¶25

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO IMPLEMENT AND ENFORCE THE COMMUNICATION DATED 12.2.2015 VIDE ANNEXURE - A AND RELEASE THE PAYMENT OF THE ADMITTED AMOUNT DUE AND OUTSTANDING IN A SUM OF RS.68,62,687/TOGETHER WITH INTEREST.

¶26

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

¶27

ORDER

¶28

The deceased petitioner, who successfully bid for the improvement work on the Mandya-Nagamangala road, was awarded the work order on March 11, 2003, with a stipulated completion time of 10 months. However, the project faced a delay of over three years before being satisfactorily completed, as acknowledged by the issuance of a completion certificate on June 24, 2009.

¶29

Despite completing the work to satisfaction, the petitioner repeatedly requested the release of the withheld amount of Rs.68,62,587/-, deposited as earnest money. Upon receiving no response, the petitioner issued a notice demanding immediate release of the amount from respondent No.3.

¶30

3 - NC: 2024:KHC:22248 WP No. 44618 of 2015

¶31

Respondent No.3, in a communication dated February 12, 2015, acknowledged their liability and assured reimbursement once the government processed the payment. Despite this assurance, the respondents failed to fulfill their obligation under the contract.

¶32

In light of the petitioner’s completion certificate and respondent No.3’s acknowledgment of liability, the respondents are legally obligated to release the amount along with interest. The petitioner should not suffer due to the respondents’ inaction, thus they are entitled to receive interest at 6% per annum from October 9, 2015, the date of filing the writ petition, until actual payment.

¶33

Therefore, it is imperative to resolve this matter expeditiously by directing the respondents to release the sum of Rs.68,62,587/- along with the stipulated interest, ensuring justice for the petitioner without further delay.

¶34

This directive must be executed within three months from the receipt of the certified copy of this order. Failure to comply will result in an increased interest rate of 12% per annum thereafter.

¶35

Petition is disposed of accordingly.

¶36

Sd/JUDGE

¶37

RKA

M/S. a.Ramanathan & Company v. the Government of Karnataka

Case brief

What is this about?

What did the court decide?

M/S. a.Ramanathan & Company v. the Government of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

G.B. Rajegowda Vs the Chief Secretary

National Insurance Co. Ltd. Vs Chidananda

Shahnawaz Vs Mrs. Laksmi

Chandrashekar Vs Mr V2 Cargo Movers

K.S. Eshwaraiah Vs Divisionl Controller

Smt Rekha Vs Lokesh