Disha Construction v. Serampore Municipality And ORS.

Ct No 21.03 In the High Court At Calcutta Constitutional Writ Jurisdiction AGM Appellate Side WPA 21295 of 2021 Disha Construction Vs Serampore Municipality & Ors Mr. Asit Baran Raut, Mr. Tuhin Subhra Raut, Ms. Ishita Raut, ... For the petitioner.

Mr. Gautam Lahiri, ... For the Serampore Municipality.

Out of the principal amount of Rs. 6,31,916/-, a sum of Rs. 1,94,000/- has been disbursed in favour of the petitioner. It appears that a considerable amount is still due and payable on date.

The petitioner prays for immediate payment of the due amount along with interest.

Learned advocate representing the Municipality seeks some time to release the balance amount. As it appears that the amount is long pending and is being paid to the petitioner after a considerable period of time, accordingly, the petitioner shall be entitled to receive the principal amount along with interest at the rate of 7% per annum to be paid to the petitioner calculated on and from the due date till the date of actual payment.

The balance of the principal amount and the interest shall definitely be cleared at the earliest but positively within a period of six months from the date of

communication of this order.

It is made clear that in the event the payment as indicated hereinabove is not disbursed within the stipulated period mentioned hereinabove, the petitioner shall be entitled to receive the principal amount along with the additional interest of 2%, over and above the interest of 7% mentioned hereinabove i.e., principal + 7% + 2%.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)