GAUHATI HIGH COURT ISSUES ORDER ON ZAKIRUL HUSSAIN V/S THE UNION OF INDIA AND 4 ORS

GUWAHATI, India, Nov. 19 -- Gauhati High Court issued the following order on Oct. 22:

1. Heard Mr. A. Das, the learned counsel appearing on behalf of the petitioner. None appears on behalf of the respondent No.1. Mr. M. Chetia, the learned Government Advocate appears on behalf of the respondent No.2 and Ms. R. Deka, the learned counsel appears on behalf of the respondent Nos.3, 4 & 5.

2. The petitioner herein has approached this Court seeking a direction upon the respondents to pay an amount of Rs.86,65,600/- along with interest at the rate of 24% per annum till actual realization.

3. The material facts which led to the filing of the instant writ petition are that a Notice Inviting Tender was issued for the construction of a multi-utility building (Chawk Bazar) at Jorhat, Assam. The petitioner participated in the said tender process and was issued a preliminary work order on 28.02.2011 by the respondent No.4 at a total contract price of Rs.14,90,12,664.94p. It is seen from the contract entered into between the petitioner and the respondent No.4 that the earnest money is 2% of the contract value and the security deposit including earnest money is 10%.

4. It is the case of the petitioner that the petitioner carried out the work to the satisfaction of the Respondent Authorities till the month of September, 2015. The reason for stopping of the work, as per the petitioner, is that against the Running Account bills Nos.1 to 4 which the petitioner raised an amount of Rs.3,17,93,885/-, the petitioner was paid a total amount of Rs.2,92,78,377/- up to 06.09.2014. Thereupon, the petitioner raised a Running Bill on 28.07.2015 of an amount of Rs.38,81,715/- and further executed another work worth Rs.23 lakhs approximately. However, as there was no payment made on behalf of the respondents, the petitioner on 09.09.2015 duly intimated the respondent Nos.3, 4, & 5 that the petitioner was not in a position to carry out the further work and further requested payment of the amount Rs.62 lakhs along with interest. It is seen that the petitioner had submitted various representations on 22.02.2016; 12.11.2018 and 11.02.2020 and finally having not received any amount, issued a legal notice on 10.03.2022. As per the petitioner, the amount to which the petitioner is entitled, along with the security deposit, comes to Rs.86,65,600/- which the respondents are liable to pay. Under such circumstances, the petitioner approached this Court by filing the present writ petition on 07.06.2022.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfHECXLjfazBC2pflofy28ZaVaMplWhMRh099VGNmumeD&caseno=WP(C)/3858/2022&cCode=1&cino=GAHC010112922022&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.