The Indian Flume Pipe Co. Ltd. Vs The State of Telangana

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[321s I

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HICH COURT I'OR'I'IIB STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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THURSDAY, THE FTFTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT

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THE HON'BLE SMT JUSTICE P.MADHAVI DEVI WRIT PETITION NO: 46101 OF 2022

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Betrvcen:

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The Indian Hume Pipe Co. Ltd, A Cornpany incorporated under the Indian Companies Act 1913, Having its Regd. Oflice at Construction House- 5, Walchand Hirachand Marg, Ballard Estate, Mumbai- 400 001 And Project Office at 502-C, 5th Floor, Lingapur House, 3-6-237, Amrutha Estates, Himayatnagar, I{ydcrabad - 500 029, rep. by its Dy General Manager And Power of Attomey Holder Mr M Rajcndra Prasad

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...PETITIONER

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AND

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l. The State ofTelangana, Rcp. by Principal Secretary, Irrigation Department, Secretariat Buildings, 5th Floor, Burgula Rama Krishna Rao Bhavan, Hyderabad, Telangana 500063

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The Chicf Engineer (l), 4JR9⁺ HJJ, Venkateshwara Swamy Temple Rd, Barlapenta Bazaar, Suryapet, Telangana 508213

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The Superintending Engineer, Irrigation Circle Kodad, Suryapet District.

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The Executivc Engineer, Division Office V, Huzurnagar, Suryapet District

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...RESPONDEN'I-S

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Petition under Article l2(r of the Constilution of India praying that in the circumstances stated in thc allidavit tllcd thcrervith, thc High Court may be^pleased to issue a writ o[' nrandarrrus or any other writ or order declaring the action of the Respondents in not closing tlle contract by not releasing and capriciously withholding the due amounts, as inter-alia state(l in its reprcscntation dated 02.07.2022 despite satisfactory complction of rvork, as illcgal. arbitrary and Contrary to various orders of the Honble Courts and consequcntly direct the Rcsgrndents to rclease the amounts due to the Petitioner as conrmunicatetl in the said rcpresentation and^pass such other further orders as deemed fit and propcr in tlrc l'acts and circuurstanccs of the casc;

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IA NO: I OF 2(122

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Petition under Section l5l CPC praying that in the circumstances stated in the affidavit liled in support of thc petition, thc High Court may be^pleased to direct the Respondents to consitler the rcpresentation dated 02.07.2022 to the extent of contractual balance paynent of Rs.95.20,221.14/-^(Rupees Ninety Five Lakhs Twenty Thousand Two Hundred twenty Onc only);

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Counscl for the Pctitioncr Counscl for the Rcspondcnts The Court madc tltc lirllo*'ing:

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:SRI. SI{lltEEN SE'rltNA BARIA

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: CP IrOR lRRt AND COMM AREA DEV

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THE IIOTiI'BLE SMT. WSTICE P.MADHAVI DEVI

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WRIT PETITION No.461O1 of 2022

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ORDER:

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This Writ Petition is filed seeking a writ cf man lamlls declaring the action of tte respondents, in not closing the contract by releasing of amount inch rding the interest and the late p_a;rmenr s as stated in its representation Cated O2.O7.2O22 despite satisfactory^,:ompletion of the work, as illegal arbitrary and unconstirutional.

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lrarned,)ounsel for the petitioner subrnitted tlra.t tLLe petitioner has made a rt presentation dated O2.O7.2O22 for payrnent of the bill amount and^jnterest on late payment as per Clause 43. I of the Contract. It : s submitted that after maki:rg representation, bill payment of Rs.3,16,28,441 has been paid but with regard to the interest on th€ delayed pa5rment, there is no mention or reply from the respondents, I [e therefore submits that a dire:'ron ma1, be given to the respondents lo consider the representation of th: pet.itioner with regard to the interest pa1rment or make the 1;aymt nt in. accordance with Clause 4: t.1 of the Contract Agreement.

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Learned Government Pleader for lrrigation, on instructions, submits that the entire amount due to the peti'-ioner hrls l>een paid.

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PMD,J W.P-No.46tO1ol2022

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2

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Having regard to the above^{facts and a-lso havinggone through} the Clause 43.1 of the Contract^{Agreement,this Court deems it fit and} proper to direct the respondent No.3^{to consi'i:r the representationof} the petitioner dated^{O2.O7 .2022vitir- regardto thc contractual interest} on delayed^{paJrments and to passappropriate orders thereonwithin a} period of one (01) month from^{the date of receipt of a copy of this} order.

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Accordingly, the^{Writ Petition is disposcdof. There shall be no} order as to costs.

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Miscellaneous^petitions, if^{any, peuding in this Writ Petition'} shall stand closed.

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SD/.MOHD.SANAULLAH^ANSARI ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

l. The Principal^{Secretary'Irrigation D€partment'State of Telangana} '^Secretariat " ilitdfi;;'sti,r Roor, rir.guiuhuma Krishna Rao Bhavan' Hvderabad' Telangana 500063

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Z. ii.,it[i"f^{a"gineer(I), 4JR9 + HJJ,Venkateshwara SrvamvTemple Rd'Barlapenta} Bazaar, SurYaPet,^{Telangana5082I 3}

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l. ffirb..l-,iti'naing^{gngin.",'IrrigationCircle Kodad'SuryapetDistrict'} i. iii; ililii;'eiill"""i.^{o * irion"offi} "" V. Huzumagar. suryapet^District

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;. d;t.di;'Snr^{iiirnr'aNsETHNA BARIA Advocate-[oPuC]} ;. i;;aa;6ci^{ron rRRi AND COMM AREA DEV, High court forthe State or} Telangana. [OUT]

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1. Two CD^CoPies

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\1'P.No..l6l⁽⁾ I o1 2022

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WRI'I' PIIT'ITION IS DISPOSED OF \'ITIIOU'I'COS TS

The Indian Flume Pipe Co. Ltd. v. The State of Telangana

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The Indian Flume Pipe Co. Ltd. v. The State of Telangana

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