Calcutta High CourtWPA/253/2024disposed

M/S Salcon Engineers And Fabricators v. The Chief Engineer And ORS

2024-06-13Hon'Ble Justice Sabyasachi Bhattacharyya2 pages

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/253/2024 M/s Salcon Engineers and Fabricators Vs.

The Chief Engineer and others Mr.Gopala Binnu Kumar Ms. Vinita Devi .... for the petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents June 13, 2024 [SR] Item No.5 Learned counsel for the petitioner contends that the petitioner, being a Class-I contractor, did certain works as per contract with the Andaman Public Works Department (APWD). Vide communication dated July 05, 2023, the respondent no.3, the Executive Engineer, Port Blair South Division of the APWD, wrote to the respondent no.1 i.e. the Chief Engineer, APWD for disbursal of the amount of Rs.65.00 lakhs which was admittedly due to the petitioner in lieu of the work done by it. The petitioner seeks payment of such amount.

Learned counsel for the respondents submits that the JNRM has not yet released the funds, for which the same could not be paid to the petitioner, which would be evident from the communication dated July 05, 2023 annexed to the writ petition. After hearing learned counsel for the parties, it transpires that it is the APWD which entered into the contract with the petitioner for the construction in question. Since the petitioner has done the petitioner's work, it is the incumbent duty and liability of the APWD to pay the dues of the petitioner, particularly in view of the admitted

amount of Rs.65.00 lakhs being reflected in the internal communication by the respondent no.3 to respondent no.1. In order to grant some time to the respondents to ensure that the funds are released by the JNRM, WPA/253/2024 is disposed of by directing the respondents to disburse the admitted amount of Rs.65.00 lakhs to the petitioner as expeditiously as possible, positively within eight weeks from date.

No order as to costs.

Urgent certified server copies, if applied for, be issued to the parties upon compliance of due formalities.

( Sabyasachi Bhattacharyya, J. )