Madras High CourtWP(MD)/14519/2017disposed of

M/S.The Indian Hume Pipe v. The Commissioner,

2017-08-03Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.14519 of 2017 M/s.The Indian Hume Pipe Co. Ltd., Rep. by its Deputy General Manager S.Arunachalam, No.8, First Floor, Gopalapuram, Chennai-600 006.

... Petitioner Vs.

1.The Commissioner Madurai Municipal Corporation, Madurai.

2.The Chief Engineer, Madurai Corporation, Madurai.

3.The Executive Engineer (JNNURM) Madurai Corporation, Madurai.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondent to disburse a sum of Rs.20,03,145/- towards the bill amount raised by the petitioner for completion of work namely shifting the existing Palanganatham feeder main and security deposit amount of Rs.20,000/- with interest at the rate of 12% per annum.

For Petitioner : Mr.B.Saravanan For Respondents : Mr.R.Prabhu Ramachandran Standing Counsel ******

O R D E R

This writ petition has been filed, seeking to direct the respondents to disburse a sum of Rs.20,03,145/- towards the bill amount raised by the petitioner for completion of work, namely, shifting the existing Palanganatham feeder main and security deposit amount of Rs.20,000/- with interest at the rate of 12% per annum.

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

2. Heard the learned Counsel on either side.

3. The Petitioner is a Public Limited Company registered under the Indian Companies Act. The respondent Board floated a tender and the petitioner participated and a work order was issued to the petitioner by the respondents. The grievance of the petitioner is that he has paid security deposit, in respect of work done by him. According to the petitioner, he has completed the work and the completion certificate was also issued by the competent authority and huge amount in respect of completion of work in the year 2010, allotted by the respondents has been pending for the past several years. Despite several representations made by the petitioner to the respondents, no steps have been taken to release the amount due to the petitioner. Hence, the present petition has been filed with the above prayer.

4. According to the learned Counsel appearing for the petitioner, if there is any violation in respect of the contractual obligations, by this time, the respondents could have intimated the same to the petitioner, as the completion certificate was issued as early as on 24.05.2011.

5. Per contra, the learned Standing Counsel appearing for the respondents would submit that the amount due to the petitioner will be disbursed within a reasonable time.

6. In view of the above submission, this Court directs the respondents to settle the bills of the petitioner within a period of eight weeks from the date of receipt of a copy of this order.

7. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) /Truecopy/ Sub Assistant Registrar To:

+1cc to M/S.R.PRABHU RAMACHANDRAN, Advocate SR.No.69909 +1cc to M/S.B.SARAVANAN, Advocate SR.No.70361 rm/ar MAS/JC/SAR2:16.08.2017:2P-3C W.P(MD)No.14519 of 2017 03.08.2017 https://hcservices.ecourts.gov.in/hcservices/