The Chief Engineer v. M/S.Herodex Power Systems

W.M.P.No.17891 of 2017 in W.P.No.2591 of 2017 S.M.SUBRAMANIAM.J., The miscellaneous petition has been filed to clarify the order passed by this Court on 07.06.2017, passed in WP.No.2591 of 2017. 2.Based on the submission made by the respective learned counsel appeared on behalf of the parties to the writ petition, this Court passed the following orders:

"2.The learned Additional Advocate General, on the last hearing would submit that out of the total amount payble, according to the respondents, after withholding the amount corresponding to the bank guarantee, which the petitioner is supposed to furnish a further sum of Rs.2,63,98,258/- would be given in favour of the petitioner for the work done. It is further submitted that in the eventuality, the petitioner will have to provide Software as required by the respondents with respect to the installation made.

3.The learned Senior Counsel appearing for the petitioner would submit that the aforesaid amount would be paid, as there is no difficulty in providing the software as stated in para 6 of the reply affidavit. The learned Senior Page 1/3

Counsel would further submit that the withholding of amount corresponding to the bank guarantee would be subject to the furnishing the bank guarantee by the petitioner. 4.Considering the above, Writ Petition stands disposed of without going into any of the contentions on merit. Accordingly, the respondents are directed to pay a sum of Rs.2,63,98,258/- (Rupees Two Crores Sixty-three Lakhs Ninety-eight Thousand Two hundred and Fifty-eight only) in favour of the petitioner, on receipt of the software as required by them.

5.The petitioner undertakes to make the software available within a week's time. If it is done the payment as undertaken by the learned Additional Advocate General, within further period of two weeks."

3.In view of the fact that the final order in the writ petition was passed based on the submission made by the learned Additional Advocate General and the learned counsel for the petitioner, no further clarification needs to be issued by this Court and accordingly, the miscellaneous petition stands dismissed. 11.04.2023 sha S.M.SUBRAMANIAM.J., Page 2/3

(sha) W.M.P.No.17891 of 2017 in W.P.No.2591 of 2017 11.04.2023 Page 3/3