Contractor sought mandamus directing CMWSSB to pay dues for repair and reconditioning of five desilting vehicles under four work orders. Respondents' counsel did not dispute the work or liability and sought time. Court directed respondents to settle the bills within four weeks and disposed of the writ petition without costs.
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W.P.No.2107of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.02.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.No.2107 of 2024
M/s.Vetri Fabs India, Rep by its Proprietor, Mr.Rajkumar, having office at No.136/E, Telecom Nagar, Periya Mathur, Chennai - 600 068. ... Petitioner
Vs.
1.The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB),
No.1, Pumping Station Road, Chintadripet, Chennai 600 002.
2.The Area Engineer, Aread VII, Depot - 81, CMWSSB, Ambattur, Chennai 600 053.
3.The Area Engineer, Area X, Depot 135, CMWSSB, Kodambakkam, Chennai - 83. ... Respondents
Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the first respondent to make a payment of Rs.7,14,254/- along with 24% interest in pursuance of
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W.P.No.2107of 2024
the repair of Desilting vehicle vide work order No.CMWSSB/AREAVII/2022-2023 undated, work order No.CMWSSB/AREA-X/E465/2022-2023 dated 15.10.2022, work order No.CMWSSB/AREAVII/E-485/2022-2023 dated 15.11.2022 and work order No. CMWSSB/AREA-X/E-642/2022-2023 dated 16.12.2022.
For Petitioner : Ms.N.Beulah John Selvaraj
For Respondents : Mrs.K.Vasanthamala, Standing Counsel
ORDER
This Writ Petition has been filed seeking issuance of a Writ of Mandamus, to direct the respondents to break open the seal and handover the possession of Shop Nos.3,4 and 5, Corporation Complex, N.H.Road, Coimbatore, to the petitioners.
2 . Heard Ms.N.Beulah John Selvaraj, learned counsel for the
petitioner and Mrs.K.Vasanthamala, learned Standing Counsel for the respondents.
3. The simple request of the petitioner in this Writ Petition is that
the petitioner has completed the service repairs replacement and
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W.P.No.2107of 2024
reconditioning of desilting of some vehicles belonging to the CMWSSB and the details of the vehicles and the amount involved in maintaining
the same has been given as under:
(i) TN.01.AU.0842 in Depot - 81, Area VII - Rs.1,49,329/(ii) TN.01.AT.6702 in Depot - 135, Area X - Rs.1,33,812/(iii) TN.01.AR.2387 in Depot - 93, Area VII - Rs.1,57,530/(iv) TN.01.AH.9860 in Depot - 133, Area X - Rs.1,35,169/(v) TN.01.AR.2388 in Depot - 80, Area VII - Rs.1,38,414/-
4. Despite the petitioner has completed the work and raised the bills with the respondents, the respondents were not mindful of the said bills and that prompted the petitioner to file this Writ Petition.
5. The learned Standing Counsel for the respondents did not deny the fact that the vehicles have been repaired and reconditioned by the petitioner and the bills are due to be paid to him. She submitted that if a short time is given, the bills will be settled to the petitioner.
6. By considering the inordinate delay in settling the bills, it will be fair on the part of the respondents to be sensitive enough to settle the
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W.P.No.2107of 2024
bills and make payment to the petitioner within a period of four weeks
from the date of receipt of a copy of this order.
7. With the above observations, this Writ Petition is disposed. No
costs.
01.02.2024
Index : Yes /No Internet : Yes/No Speaking / Non-speaking Neutral Citation : Yes / No gsk
Page No.4 of 6
W.P.No.2107of 2024
To
1.The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB), No.1, Pumping Station Road, Chintadripet, Chennai 600 002.
2.The Area Engineer, Aread VII, Depot - 81, CMWSSB, Ambattur, Chennai 600 053.
3.The Area Engineer, Area X, Depot 135, CMWSSB, Kodambakkam, Chennai - 83.
Page No.5 of 6
W.P.No.2107of 2024
R.N.MANJULA, J.
gsk
W.P.No.2107 of 2024
01.02.2024
Page No.6 of 6
1 issue framed by the court
Whether the respondents could be directed to settle the petitioner's bills for desilting vehicle repair and reconditioning work completed for CMWSSB.
1 provisions across 1 enactments
M/s.Vetri Fabs India, Rep by its Proprietor, Mr.Rajkumar
The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB)
The Area Engineer, Area VII, Depot - 81, CMWSSB
The Area Engineer, Area X, Depot 135, CMWSSB
R.N.Manjula
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
