Janbal Constructions v. Southern Railway
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.04.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P. No.9577 of 2024 Janbal Constructions, Represented by its Partner, Mr.P.N.Balasubramaniam, Son of C.Natarajan, No. 13/2, Pari Street, Teachers Colony, Erode - 638 011.
... Petitioner Vs.
1.
Southern Railway, Represented by its General Manager, Headquarters Office, Park Town, Chennai - 600 003.
The Principal Chief Engineer, General Manager Office, Southern Railway, George Town, Chennai - 600 003.
The Sr.DEN/Co-ordination, Office of the Divisional Manager/Works, Tiruchirapalli.
The Divisional Railway Manager, Tiruchirapalli Division, Southern Railway, Thiruchirapalli.
... Respondents Page No.1 of 5
Prayer:Writ Petition is filed under Article 226 of Constitution of India, for issuance of writ of Mandamus, directing the respondents to release the security deposit, earnest money deposit, performance guarantee furnished by way of bank guarantee, GST neutralization amount and other amounts due including the final bill amount to a total value of Rs. 1,57,70,093/- along with 12% interest per annum within a time to be fixed by this Court by considering the petitioner's representation dated 05.02.2024. For Petitioner : Mr.M. Guruprasad For R1 to R4 : Mr.K.Srinivasa Murthy for Railways
O R D E R
The relief sought for in the present writ petition is to direct the respondents to release the security deposit, earnest money deposit, performance guarantee furnished by way of bank guarantee, GST neutralization amount and other amounts due including the final bill amount to a total value of Rs. 1,57,70,093/- along with 12% interest per annum by considering the petitioner's representation dated 05.02.2024. Page No.2 of 5
The petitioner is a construction Company, admittedly, entered into an agreement with the Southern Railway. Such contractual obligation between the parties do not provide a cause for filing the writ petition. In the present case, the petitioner has to either resolve the issues if any remedy is contemplated under the agreement or approach the competent Civil Court of law.
However, such disputed issues relating to a contract cannot be adjudicated in a writ proceedings under Article 226 of constitution of India. 5.
Mr.K.Srinivasamurthy, learned Counsel appearing on behalf of the respondents 1 to 4 would submit that the proposal for settlement regarding the claim made by the petitioner is pending consideration before the Railway Board. Therefore, it may take some time. Page No.3 of 5
6.
However, it is a contractual obligation and the petitioner has to pursue the remedy in the manner known to law. Accordingly, the Writ petition stands dismissed at the admission stage itself. No costs. 08.04.2024 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No veda To 1.
The General Manager, Southern Railway, Headquarters Office, Park Town, Chennai - 600 003.
The Principal Chief Engineer, General Manager Office, Southern Railway, George Town, Chennai - 600 003.
The Sr.DEN/Co-ordination, Office of the Division Manager/Works, Tiruchirapalli.
The Divisional Railway Manager, Tiruchirapalli Division, Southern Railway, Thiruchirapalli.
Page No.4 of 5
S.M.SUBRAMANIAM,J.
veda W.P. No.9577 of 2024 08.04.2024 Page No.5 of 5