M/S Manickam Enterprises And ANR v. The Andaman And Nicobar Administration And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/668/2024 (IA NO: CAN/2/2025) M/s. Manickam Enterprises and Another Vs.

The Andaman and Nicobar Administration and Others Ms. Vinita Devi .... for the petitioners Mr. Shatadru Chakraborty, Sr.Adv.

Mr. Rakesh Kumar ... for the respondents March 13, 2025 [SR] Item No.6 Re: CAN/2/2025 (Extension of time) 1.

This is an application for extension of time to comply with the order dated 5th December, 2024. In the order dated 5th December, 2024, the Coordinate Bench found that a sum of Rs.50,52,831/-, being the admitted sum shall be released within a period of eight weeks from the date of communication of the said order. In terms of the said order, the amount was payable on order before 5th February, 2025. The said amount has not been released as yet.

2.

In view of para 13 of the order dated 5th December, 2024 read with order 6th March, 2025 by which the time to release the said amount in terms of the order dated 5th February, 2025 was extended by five weeks and the said period has expired on 6th March, 2025.

3.

In the order dated 5th December, 2024, the Coordinate Bench directed to release Rs.50,52,831/- at the earliest and the differential amount after obtaining necessary approval. The concerned authority was directed to obtain necessary sanction

so that the payment of the writ petitioner is made at the earliest. However, the respondent no.5 was directed to ensure that all payments are made within a period of eight weeks from the date of communication of this order meaning thereby the admitted and differential amount.

4.

In paragraph 13 of the order dated 5th December, 2024, it was observed that as the writ petitioner would receive the amount that was payable to it after a considerable delay, accordingly, the authority shall consider the petitioner's prayer for grant of interest on account of such delayed payment. 5.

It appears from the documents disclosed that the authorities have recommended payment of interest at the rate of 7.5% per annum on Rs.65,96,918/- amounting to Rs.4,53,538/-. The fact remains that the writ petitioner has not received either the admitted amount or the differential amount to be paid.

6.

In the event the entire payments as mentioned at page 32 of the petition, i.e. Rs.65,96,918/- towards cost escalation and Rs4,53,538/- towards interest are released within three weeks from date, the writ petitioner shall be entitled interest at the rate of 10% per annum on Rs.65,96,918/- from the date when the said amount was payable till actual payment and shall be entitled to initiate execution proceeding in the event of nonpayment of the aforesaid payment. 7.

With the above observations and directions, CAN/2/2025 stands disposed of.

( Soumen Sen, J. )