GUWAHATI, India, Oct. 16 -- Gauhati High Court issued the following order on Sept. 16:

1. Heard Mr. D. Borah, the learned counsel appearing on behalf of the petitioner. Mr. R. K. Talukdar, the learned counsel appears on behalf of the respondent Nos.2, 3 & 4 and Mr. S. K. Deori, the learned counsel appears on behalf of the respondent Nos.6 & 7. None appears on behalf of the respondent Nos.1 & 5.

2. The petitioner herein is aggrieved by the inaction on the part of the Respondent Authorities, more particularly, the respondent Nos.2 to 4 in not releasing the amount of Rs.2,21,08,249/- which the petitioner claims to be entitled on the basis of the work order dated 27.10.2015.

3. The materials on record show that the petitioner which is a micro, small, and medium enterprise is an empanelled contractor with the Assam Power Distribution Company Limited (APDCL). The respondent Nos.2, 3 & 4 had granted a contract to the respondent No.6 for the purpose of construction of the National Highway No.52 from Bishwanath Chariali bypass to Gohpur, i.e. chainage km 208.00 to km 265.00 in the Sonitpur District of the State of Assam. The said contract entered into by and between the respondent No.6 contained a Clause being the Clause 9.2. The said Clause being relevant is reproduced herein under:-

"9.2 Shifting of obstructing utilities

The Contractor shall, in accordance with Applicable Laws and with assistance of the Authority, cause shifting of any utility (including electric lines, water pipes and telephone cables) to an appropriate location or alignment, if such utility or obstruction adversely affects the execution of Works or Maintenance of the Project Highway in accordance with this Agreement. The actual cost of such shifting, as approved and communicated by the entity owning the utility, shall be paid by the Contractor and reimbursed by the Authority to the Contractor. In the event of any delay in such shifting by the entity owning the utility beyond a period of 180 (one hundred and eighty) days from the date of notice by the Contractor to the entity owning the utility and to the Authority, the Contractor shall be entitled to Damages in a sum calculated in accordance with the formula specified in Clause 8.3.1 for the period of delay, and to Time Extension in accordance with Clause 10.5 for and in respect of the part(s) of the Works affected by such delay; provided that if the delays involve any time overlaps, the overlaps shall not be additive."

4. The record reveals that the respondent No.6 issued a work order to the petitioner for shifting of HT/LT lines in between Bishwanath Chariali to Gohpur from km. 208.000 to 265.500. In the said work order so issued to the petitioner by the respondent No.6, the payment terms have been duly mentioned at Clause 5 of the work order dated 27.10.2015. Clause 5 of the said work order, being relevant, is reproduced herein under:-

"5. PAYMENT TERMS:

You shall raise the running bills fortnightly duly certified by APDCL, Biswanath Chariali. Payment towards the same shall be made as follows: a) After completion of work, bill shall be submitted to RAMKY-TK (JV) along with all supporting documents such as joint records, certified measurement & reconciliation statement of the issued materials etc. The same shall be verified by our Authority Engineer and put to NHIDCL for payment.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpIpmC8ZOrvITtI6gHzcxGxXIVeESDqDfDrOU7Ml0KWWJ&caseno=WP(C)/2061/2023&cCode=1&cino=GAHC010080142023&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.