M/S. Akabea Infrastructures Private Limited v. The Chief Engineer

02-08-2021 ct no. 13 Sl.1 sp High Court at Calcutta Civil Appellate Jurisdiction (Circuit Bench at Port Blair) WPA 179 of 2021 (Through Video Conference) with CAN 1 of 2021 M/s. Akabea Infrastructures Private Limited & Anr. -VersusThe Chief Engineer, Nirman Bhawan & Ors. Mr. Gopal Binnu Kumar ....for the petitioners Mr. Arul Prasanth ...for the respondents Mr.

Arul Prasanth, learned counsel appearing on behalf of the Chief Engineer, Nirman Bhawan, APWD, Port Blair, respondent no. 1, submits that the concerned department for which construction was affected by APWD was the Director of Social Welfare. It is submitted that the funds for the said project, were required to be diverted by the respondents towards the COVID management.

Mr. Gopala Binnu Kumar, learned counsel for the petitioners submits that the project was completed much before the COVID pandemic.

Be that as it may, this Court is of the view that dues of the petitioners are, in fact,

admitted. The petitioners shall be paid his admitted dues, as per the last communication of the respondents, within a period of 3 weeks from date positively and mandatorily. The said dues would attract interest @ 11% per annum from the date of approval till the date of actual payment. As to who bears a burden of interest shall be an issue that would be decided by and between the APWD and the Directorate of Social Welfare, Andaman and Nicobar Islands.

It is made clear that in the event, payment as directed hereinabove, together with interest is not made, the interest rate shall stand increased to 15% per annum.

With the aforesaid directions, the writ petition and the connected application are disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)