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High CourtsDivision Bench(2023) 04 TP CK 0002

Biswajit Saha vs Director Finance, Tripura State Electricity Corporation Limited (TSECL) & Another

Tripura High Court · Decided on 5 April 2023

HON’BLE JUDGES
T. Amarnath Goud, J · Arindam Lodh, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 185 Of 2023 & Writ Petition (C) No. 186 Of 2023

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Judgment

12 paragraphs · 362 words

T. Amarnath Goud, J

1.

Heard Mr. C.S. Sinha, learned counsel appearing for the petitioner. Also heard Mr. N. Majumder, learned counsel appearing for the respondents.

2.

This instant writ petition has been filed under Article 226 of the Constitution of India seeking a direction to the respondents to release the outstanding amount of bill along with interest.

3.

The facts of the case, in brief, are that the petitioner was awarded a work of shifting and construction of 11 KV line from Sachirambari to Guachand bridge by the Tripura State Electricity Corporation Limited (TSECL, for short). During progression of the work, petitioner raised a running bill amounting to Rs.79,04,645/- out of which Rs.48,40,620/- was released on 20.09.2021 but the remaining payment was not made by the TSECL due to lack of funds. On 21.09.2022 fund was sanctioned on behalf of TSECL for clearing their pending liabilities. The petitioner has pursued the matter with the respondents-TSECL and since the same is not considered, he has also issued a notice of demand on 27.02.2023 through the Advocate requesting the respondents to pay the amounts to which he is entitled. Since the respondents have not considered the Demand Notice dated 27.02.2023 issued by the petitioner, the present writ petition has been filed. Hence, this case.

4.

Petitioner has prayed for the following reliefs:

"(a) Admit this petition.

(b) Call for records.

(c) Issue Writ in the nature of Mandamus directing the respondents to release the remaining amount of Rs.30,64,025/- (Thirty Lakhs sixty four thousand and twenty five) of 5th RA Bill of Work (a). Sachirambari to Guachand bridge along with interest.

(d) Pass any other reliefs which Your Lordship may deem fit and proper in favour of the petitioner.”

5.

In view of the above, without expressing any opinion on merits, the present writ petition is disposed of directing the respondents to consider the Demand Notice dated 27.02.2023 issued by the petitioner in accordance with law within a period of three months from the date of receipt of the copy of this order.

6.

With the above observation and direction, the writ petition is disposed of.

Pending application(s), if any, also stands disposed of.