Mahendra Construction And ANR. v. State Of West Bengal And ORS.

S/L 18 13.11.2025 Court. No. 25 sourav WPA 18189 of 2025 Mahendra Construction & Anr.

Vs.

The State of West Bengal & Ors.

Ms. Sanghamitra Nandy Ms. Subhasri Chatterjee ...for the petitioners.

Mr. Ansar Mondal, Ld. AGP Ms. Somashree Dey ... for the State.

1.

The petitioners have filed the present writ application praying for disbursement of an amount of Rs.

9,20,374/- along with 10 per cent performance security arising out of Tender No. 82 of 2019-20 issued by the Executive Engineer, PWD, Kolkata, South Division. 2.

Learned Counsel for the petitioners submits that during the pendency of the writ application, the authorities have made the payment on September 15, 2025 but the authorities have not paid any interest. She submits that the work was completed in the year 2020 and since then, the petitioners are praying for release of the amount but the authorities have not released the amount on September 15, 2025 i.e., after receipt of copy of writ application but the authorities have not paid interest.

3.

Learned counsel for the State submits that as per request made by the petitioners, the authorities found that the petitioners are entitled to get the amount and accordingly, the same was released in favour of the petitioners. In the representation, the petitioners have

prayed for release of the amount but the petitioners have not prayed for any interest so that the question of interest does not arise.

4.

Heard the learned counsel for the respective parties. 5.

This Court finds that though the respondents have released the principal amount of Rs. 9,20,374/- after deducting the applicable taxes on September 15, 2025 but the authorities have not paid the interest. Accordingly, the writ petition is disposed of by directing the authorities to consider the payment of interest for delayed payment within a period of four weeks from the date of receipt of the application and if the petitioners are entitled to get interest, the same may be released within a period of two weeks thereafter and if the respondents are of the view that the petitioners are not entitled to get the interest, a reasoned and speaking order shall be passed and to communicate the same to the petitioners.

6.

Accordingly, WPA 18189 of 2025 is disposed of. 7.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.

(Krishna Rao, J.)