Disposed

Ganesh Electricals v. Government of Pondicherry

Madras HC8 Jul 2021WP/10598/2021

Case brief

AI extract

What is this about?

The Madras High Court disposed of a writ petition seeking mandatory payment of a balance sum under a government electrical work contract. The Court directed the petitioner to submit a fresh representation for consideration within one week, ordering the second respondent to verify records and disburse the amount within twelve weeks. A dispute on settlement amount remains open for the contract forum

What did the court decide?

Directed the petitioner to submit a fresh application for the balance amount and the second respondent to verify records and pass orders for payment within twelve weeks.

Ganesh Electricals Vs Government of… — Contract and Commercial Disputes | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.07.2021

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CORAM:

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THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR

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W.P.No.10598 of 2021

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Ganesh Electricals

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Rep. By its Prop. B. Kumareson

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... Petitioner

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vs.

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Government of Pondicherry, Rep. By its Chief Secretary, Puducherry & Chairman, Project Implementation Agency, Government of Puducherry, Puducherry.

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The Project Director, Project Implementation Agency, Government of Puducherry, Puducherry.

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The Executive Engineer (Electrical), Project Implementation Agency, Government of Puducherry, Puducherry.

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...Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to release the sum of Rs.4,65,48,535.57/- in Bill No.RAB 8 part dated 28.07.2020 & RAB 9 dated 09.11.2020 with interest in connection with the work done in Conversion of Low Tension overhead lines into UG cable system with service connection and street lights in Pooranankuppam (Thavalakuppam O&M) in Puducherry Coastal area under CDRRP Scheme (Package #12) alloted to the petitioner vide agreement dated 15.03.2016 under CDRRP scheme.

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For Petitioner : Mr.R.Subramanian

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For Respondents : Mr.C.T.Ramesh

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Additional Government Pleader (Pondy) for R1 to R3

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https://hcservices.ecourts.gov.in/hcservices/

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O R D E R

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This writ petition has been filed seeking a direction to the respondents to release the sum of Rs.4,65,48,535.57/- in Bill No.RAB 8 part dated 28.07.2020 & RAB 9 dated 09.11.2020 with interest in connection with the work done in Conversion of Low Tension overhead lines into UG cable system with service connection and street lights in Pooranankuppam (Thavalakuppam O&M) in Puducherry Coastal area under CDRRP Scheme (Package #12) alloted to the petitioner, vide agreement dated 15.03.2016 under CDRRP scheme.

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According to the petitioner, while the writ petition is pending, the respondents have paid a sum of Rs.1,17,36,843/- to the petitioner and the balance amount due to the petitioner is Rs.3,48,11,691.57/- .

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Mr.C.T.Ramesh, learned Additional Government Pleader (Pondy) for the respondents 1 to 3 would submit that the petitioner has to make a fresh application to the respondents for payment of balance amount and the same will be considered after due verification of the records and appropriate orders will be passed for disbursing the said amount to the petitioner.

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Recording the submission of the learned counsel for the petitioner that pending the writ petition, the respondents have already paid Rs.1,17,36,843/- to the petitioner, this Court directs the petitioner to make a fresh application/representation to the second respondent seeking disbursement of the balance amount, within a period of one week from the date of receipt of a copy of this order and on such application being made, the second respondent shall consider the same and pass appropriate orders for payment of balance amount due to the petitioner, after verification of the records, within a period of twelve weeks thereafter. If there is any dispute with regard to settlement of the amount as claimed by the petitioner, it is open for the parties concerned to approach the appropriate forum as per the contract entered into between them.

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With the above directions, this writ petition stands disposed of. No costs.

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Sd/-

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Assistant Registrar(CS VIII)

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//True Copy//

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Sub Assistant Registrar

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Jvm

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https://hcservices.ecourts.gov.in/hcservices/

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The Chief Secretary, Government of Pondicherry, Puducherry & Chairman, Project Implementation Agency, Government of Puducherry, Puducherry. 2. The Project Director, Project Implementation Agency, Government of Puducherry, Puducherry. 3. The Executive Engineer (Electrical), Project Implementation Agency, Government of Puducherry, Puducherry. +1cc to Mr.R.Subramanian, Advocate, S.R.No.32208 +1cc to the Government Pleader,Pondicherry, S.R.No.32376

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W.P.No.10598 of 2021

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SMI(CO) BE(28/07/2021)

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https://hcservices.ecourts.gov.in/hcservices/

Ganesh Electricals v. Government of Pondicherry

Case brief

What is this about?

What did the court decide?

Ganesh Electricals v. Government of Pondicherry

Case brief

What is this about?

What did the court decide?

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