Neb Contractor v. The Superintending Engineer (Civil)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN NEB Contractor, Represented by its Partner, Thanalakshmi

...Petitioner

Vs.

1.The Superintending Engineer (Civil), Thermal Power Station, Thoothukudi-628 004.

2.The Branch Manager, Canara Bank, T.T.P.S.Branch, Thoothukudi.

3.Duraikumar

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the first respondent to credit the bill payment of the work contract bills in the Joint Account No.0940201001783 of NEP Contractor Bank by considering the petitioner's representation dated 17.07.2021.

For Petitioner : Mr.P.Edin Brough For R1 : Mr.S.Deenadhayalan For R2 : Mr.C.Karthick 1/4

O R D E R

This writ petition has been filed for a direction directing the first respondent to credit the bill payment of the work contract bills in the Joint Account hold by the petitioner and the third respondent.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. The petitioner and the third respondent are the husband and wife and they are partners of the petitioner's company. Now, they got separated due to misunderstanding between themselves. The petitioner's partnership was already contracted with the first respondent. After completion of work, both the contractors submitted a representation not to operate the joint account. On the request made by the petitioner as well as the third respondent, the second respondent had frozen the account and not permitted the petitioner and the third respondent to operate the account. Now, the petitioner submitted a representation seeking direction to the first respondent to credit the bill payment in the joint account.

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4. The dispute between the petitioner and the third respondent is nothing to do with the first respondent to credit the bill payment.

5. In view of the above, the first respondent is directed to deposit the entire amount of the work contract bills in the petitioner and the third respondent joint account forthwith, if not already deposited.

6. With the above direction, the writ petition is disposed of. No costs. Internet : Yes Index : Yes/No 10.01.2025 Speaking/Non Speaking order am 3/4

G.K.ILANTHIRAIYAN, J.

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