Calcutta High CourtWPA/697/2022disposed

M/S Rao Trading Company, Govt. Contractor v. The Executive Engineer And ORS.

2024-04-04Hon'Ble Justice Debangsu Basak2 pages

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/697/2022 M/s Rao Trading Company, Govt Contractor Vs.

The Executive Engineer and Others Mr.R Arul Peter .... for the petitioner Mr.Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondent No.1 Mr Tulsi Lall ... for the respondent No.2 Mr. Sumit Karmakar Mr. S.C.Mishra ... for the respondent No.3 April 04, 2024 [SR] Item No. 17 Petitioner seeks payment in respect of a contract executed in this writ petition.

Respondents are represented.

It is the contention of the respondent no.2 that the writ petition is not maintainable and in any event, the respondent no.2 paid the entire amount due.

Learned advocate appearing for the respondent no1 submits that large amounts were paid to the petitioner and that according to his client, a sum of Rs.4,51,972/- only is due and payable, which will be paid in due course.

Learned advocate appearing for the petitioner submits that the writ petitioner is also entitled to interest. In support of such contention, he relies upon an order dated August 02, 2021 passed in WPA/179/ 2021 with CAN/1/2021 by the Coordinate Bench.

Disputed questions of facts are involved in this writ petition. The respondent no.2 claims that the respondent no.2 paid the entirety of the amount to writ petitioner which is disputed. So far as the respondent no.1 is concerned, admission is to the extent of Rs.4,51,972/- only. The claim in the writ petition is in excess of Rs.44.00 lakhs.

In the facts of the present case, it would be appropriate to permit the respondent no.1 to pay the sum of Rs.4,51,972/- to the writ petitioner within a period of three months from date, in view of its admission of liability to such extent.

So far as the other portion of the claim of the writ petitioner and claim on account of interest, it would be appropriate to relegate to the parties to a civil suit in view of the disputed question of facts involved.

WPA/697/2022 is disposed of without order as to costs. ( Debangsu Basak, J. )