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Judgment
The writ petitioners are asking for a direction to pay/release the undisputed security deposit for the works deposited with the respondents to them. I have heard Mr. M. Devananda Singh, learned counsel for the petitioners, Mr. N. Ibotombi Singh, learned counsel for the respondents 3 and 4 as well as Mr. S. Suresh, learned Jr. G.A. to the learned A.G., Manipur appearing for the respondents 1 and 2.
The simple case of the writ petitioners is that they are the contractors and they had entered into agreements for execution of different contract works of the Govt. of Manipur. The Agreements between the contractors, i.e. the writ petitioners and the respondents were in the prescribed format for Agreement between the Contractor and Central Govt. mentioned in the CPWD Mannual. Rule 273 of the GFR speaks about the requirement of security deposit with subject to any general or special instructions prescribed by the Govt. in its behalf, a private person or a farm, contracting with the Govt. to supply or to execute on work, shall, unless exempted by orders issued with the prior consent of the Finance Ministry, be required to furnish security for due fulfillment of the contract. In all the Agreements between the writ petitioners and the respondents there is a clause no.9(A) which speaks about the requirement of security deposit by the writ petitioners for their contract works. Clause 29(A) of the Agreement reads as follows:
�29(A). Sum of the money due to the contractor (including the security deposits) returnable to him under contract may be withheld or retained by way of loan by the Engineer Incharge or the Govt. or in their contracting person or persons through Engineer Incharge against any claim of the Engineer Incharge or such persons or person in respect of the payment of sum of money arising out under any contract made by the contractor with Engineer Incharge of the Govt. such other person or persons. It is agreed item of contract that sum of money so withheld or retained under this clause by the Engineer incharge or the Govt. will be kept or retained as such by the Engineer Incharge or the Govt. in his claim arising out of in the same contract or in other contract is either mutually settled or determined by the arbitrator or the competent court, as the case may be, and that the contractor shall have no claim or interest or damage or whatsoever of this kind or any other grounds in respect of any sum of money withheld or retained under this clause and duly notify to the contractor�.
The particulars of the contract works for which the contractors(writ petitoners) deposited the security deposit to the respondent and the respective amount of security deposit are mentioned hereunder:
Sl. Original Amt. Deposited as Name of works for which the amount
No. Security Amt. And Date of was deposited and name of Agencies.
Deposit.
2. 3.
38/27.97 Rs. 1,56,099/ Impvt. Of Awang Kasom Chingai Rd.
714 (Kms.(SH: W.B.M.& P.C.)
Shri H. Sanot.
3/2797 Rs. 1,10,374/ Impvt. Of Awang KasomChingai Rd.
(SH: W.B.M.&PC.) Sri H. Sanot
11/91197 Rs. 8,302/ S/R to Nunghar Khamasom Poi Chingai
Rd.(SH:Slip clearance from 916Kms)
Sri S. Phungyo.
59/4197 Rs. 10,903/ S/R to I.U. Rd. 2582 Km (SH:Repairing
of Litan Baily Bridge at 38.30Kms)
Sri S. Yarphuk,
112/31398 Rs. 3,898/ Constn. Of T/III Qtr. For pigery farm at
Ukl. Sri S. Yarphuk.
33/17398 Rs. 12,508/ Impvt. Of I.U. Rd. (SH: Strong. Std.
Single land section f rom 6282 Kms. I/c
Widening from 7984 Kms. Constn. Of
R/Wall near TV Station Left side) PhaseII.
Sri S. Yarphuk.
42/7697 Rs. 10,547/ Impvt. Of Dist. Hospital at Ukl (SH:Constn
of Latrine2 Block 3Unit each with 2 Nos.
of Septic tank 50capacity.
Sri S. Yarphuk
59/4197 Rs. 7,803/ Constn. Of D.C. Compound wall at Ukl
Sri S.Yarphuk.
129/301098 Rs. 9,170/ Constn. Of Munsiff Court at Ukl.
Sri S. Yarphuk.
301/31398 Rs. 1,50,000/ Constn. Of Nunghar Khamasom Poi
Chingai Rd.(SH: E/W in F/cutting from
49 to 61 Kms) Sri A.L. Fareng.
17/31398 Rs. 56,000/ Nunghar Khamasom Poi Chingai Rd. 075
Kms.(SH: E/W in F/cutting from 29 to 37
Kms) Sri A.L. Fareng
253/31398 Rs. 45,722/ Nunghar Khamasom Poi Chingai Rd.075
Kms)SH: E/W in F/cutting from 27 to 29
Kms) Sri A.L. Fareng
56/26299 Rs. 34,720/ Constn. Of m/bridge on Ukl Pouyi Rd.
2 Nos.(SH: Const. Of m/bridge 1 No)
Sri A.L. Fareng.
11/7398 Rs. 57,668/ Nunghar Khamasom Poi Chingai Rd.
079 Kms.(SH:E/W in F/cutting 37
49 Kms) Sri A.L. Fareng.
108/91197 Rs. 70,858/ Impvt. Of I.U.Rd.(SH:Widening & Streng.
In the 79.81 to 80.15 Kms) Sri H. Sanot.
138/23797 Rs. 9,060/ Impvt. Of M.T.Rd. 6466 kms.(SH:Constn.
Of R/wall and P/pipe culverts at 4.340
Kms Sr.H. Snot.
53/31396 Rs. 1,67,628/ Constn. of Dist. Jail at Ukhrul Sri. Snot.
119/31399 Rs. 22,997/ Constn. of resdl.Bldg.for Medical Deptt. At
Kasom Khullen(SH:constn. Of T/III Qtr.
1No.)(Balance work) Shri H. Sanot.
108/91198 Rs. 65,178/ I.U.Rd.(SH:Strength.the existing single
land section from 7981Kms)
Sri H. Sanot.
98/201197 Rs. 61,615/ Impvt. of IU Rd.(SH:widening and streng
in the reaches 80.70 to 81.855 Kms)
Sri H. Sanot.
65/21397 Rs. 88,910/ Impvt. Of Rd. from Challou Bridge point to
Kharasom(SH: E/W in F/cutting)PhaseII.
Sri. H. Sanot.
104/20.11.97 Rs. 54,540/ IU Rd.(SH:Streng the existing single land
section from 79.81 to 80 Kms)
Sri. H. Sanot.
183/231197 Rs. 4,339/ Lambui to Tusom Katha Rd.(SH: E/W. &
slip clearance for the portion 0 to 2.5
Kms) Sri H. Sanot.
33/23797 Rs. 90,204/ Impvt. of Rd.from Awang Kasom to
Chingai 7 to 14 Kms(SH: WBM one layer
And p.c. and 6 Nos. of culverts)
Shri H. Sanot.
13/2798 Rs. 80,197/ Impvt. of Awang Kasom Chingai Rd.
(SH. Metalling 1layer & p.c. from the
portion 07Kms) Sri H. Sanot.
124/28398 Rs. 1,186/ S/R to L/Gate to phadang & clearance
side beam O to 3 Kms.) Sri.H. Sanot.
57/121098 Rs. 10,472/ Impvt. of Awang Kasom to Chingai Rd.
014Kms. Sri H. Sanot.
3/51298 Rs. 37,512/ Impvt. of Awang Kasom to Chingai Rd.
714 Kms.(SH:Constn. Of R/culverts and
s/culvert 10Nos. & constn. Of s/culverts
3 Nos. 714kms. For the portion 10.5
to 14 Kms.) Sri H. Sanot.
38/31398 Rs. 50,000/ Impvt. of Awang Kasom to Chingai Rd.
014 Kms.(SH: Constn. Of RCC pipe
900mm dia. Culverts 10 Nos. s/culverts
& constn. Of s/culverts 3 Nos. betn. 7 to
10 Kms. For the portion 10.5 to 19 Kms)
Shri H. Sanot.
183/231199 Rs. 4,359/ Lambui to Tusen Hatha Rd.(SH: E/W &
slips clearance for the portion 02 KMs
Sri H.Sanot.
4/101097 Rs. 21,181/ Supply of Ukl Town portion 40mm stone
chipe(SH: Impvt. of Ukhrul Rd.8182
Kms Sri H.Sanot.
94/9897 Rs. 22,399/ Impvt. of Rd. from Kharasom Junction
to Somsai remaining portion upto
elipad (SH: SBM 3 to 5 kms.)
Sri H. Sanot.
104/201198 Rs. 72,504/ Impvt. of IU Rd (SH: Widening and
treng and Constn. Of L/drain in the
reaches 81.85 to 83.014 Kms.)
Sri H. sanot.
35/23797 Rs. 14,000/ Impvt. of M.T.Rd.(SH:Shingling & WBM
from 51 to 64 Kms. I/c land
compensation) SH: Shingling from 55 to
57.76 Kms) Sri H. Sanot.
65/21797 Rs. 35,256/ Constn. Of Rd. from Challou bridge in
formation cutting)PhaseII Sri H. Sanot
21/3797 Rs. 38,360/ Impvt. of Chandrakhong Kasom Khullen
Rd.(SH: Widening to MDR Std. From 5
15 Kms. For the portion 5 to 8.30 Kms.)
Sri S. Thanmi.
96/30398 Rs. 11,320/ Constn. Of Resdl. Qtr. At Ukl (SH:Constn.
Of T/IV Qtr. 1 No. for PWD) B/Work)
Shri M. Joy Singh.
179/231179 Rs. 2,199/ Impvt. of Gamnom Chamu Rd. 060Kms.
(SH: Clearance of Jungle in betn. 39 to
48.5. Kms.) Sri. V.S. Nganingkhui.
5/222000 Rs. 46,000/ Constn. Of Yekun Nungshong Khullen
Rd. 5 to 10 Kms. (SH: E/W. in F/cutting
Shri T. Kaping.
71/3/99 Rs. 10,586/ Impvt. of IU Rd.(Constn. Of weak
bridge from 4147 Kms.(SH: Re/constn.
Of m/bridge at 54.90, 55.00 & 55.85Kms
Sri A.S. Khathing,
13/1298 Rs. 1,602/ Impvt. of IU Rd.(Constn. Of weak bridge
from 4147 Kms.(H:Reconstn.
Of m/bridg at 54.90, 55.00 & 55.85
Kms.) Sri A.S. Khathing.
66/10897 Rs. 3,262/ Impvt. of IU Rd.(Constn. Of weak bridge
from 41 47Kms.(SH: Reconstn. Of m/
bridge at 54.90,55.00 & 55.85 Kms.)
Shri A.S. Khathing.
46/25397 Rs. 8,455/ Impvt. of IU Rd. 2558.17 Kms(SH:
Strengh. Existing pavement from
7276.15 Kms. I/c R/Wall & B/Wall in
betn. 7276.15 Kms. I/c(SH: Strength
existing pavement from 72 to 76 Kms)
Sri. A.S. Khathing.
227/30397 Rs. 6,228/ Impvt. of IU Rd.(Constn. Of weak
bridge from 4147 Kms. (SH: Re
constn. Of m/bridge at 54.90, 55.00,
55.85Kms. Sri A.S. Khathing.
45/1097 Rs. 10,288/ Impvt. of IU Rd.(Constn. Of weak
bridge from 4147 Kms.(SH: Reconstn.
Of m/bridge at 54.90, 55.00 & 55.85
Kms.) Shri A.S. Khathing.
The further case of the writ petitioners is that the contractors had completed the concerned contract work and none of the petitioners had been asked to rectify any defect in the contract work by the concerned Engineer Incharge after full completion of the contract works. Even after much persuasion, the respondents did not release the said security deposit for the said contract work for which the writ petitioners had fully completed the contract works without any defect. Having no alternative, the writ petitioners approached this court by filing the present joint writ petition.
The respondent No. 3, the Chief Engineer, PWD and the respondent No. 4, the concerned Executive Engineer, Ukhrul Division, PWD, Manipur had filed their affidavit in opposition. In their affidavitinopposition they had admitted that a sum of Rs. 17,96,409/ (Rupees seventeen lakhs ninetysix thousand four hundred and nine)only was deducted being security deposit from the different works executed by the writ petitioners and the said amount is lying with the respondents. The said amount of Rs. 17,96,409/ (Rupees seventeen lakhs ninetysix thousand four hundred and nine) could not be refunded to the petitioners in time due to nonreleasing of Cheque Drawal Authority from the competent authority under the appropriates head of account, Works Department and the said amount claimed will be refunded as and when the Cheque Drawal Authority is available. In the above admitted facts, this court is of the considered opinion that this writ petition could be disposed of with the direction to the respondents to refund/release the undisputed security deposit amount of Rs. 17,96,409/(Rupees seventeen lakhs ninetysix thousand four hundred and nine) to the writ petitioners inasmuch as this writ petition is squarely covered by the decisions of this court (1) dated 10.3.2005 passed in W.P( C) No. 437/04 and batch; (2)Angpu Khaling vrs State of Manipur & Ors 1992 (2) GLT 419 wherein this court held that writ petitions for a direction to pay undisputed bills is maintainable even if there is an alternative remedy; (3) Green Valley Industry Vs State of Assam & Ors reported in 1999 (1) GLT 604 wherein DB of this court held that writ petitions for a direction to pay undisputed amount of bill is maintainable; (4) Swadesh Lal Roy Vs State of Assam & Ors reported in 2001 (1) GLT 332 wherein this court held that writ petitions for a direction to pay undisputed outstanding bills is maintainable and (5) Tayum Yalli & Os Vs. Union of India and Ors. Reported in 2002 (3) GLT 416 wherein this court held that writ petition for a direction t o pay undisputed bill on completion of contract work is maintainable.
For the reasons discussed above, the respondents are directed to refund the said undisputed security deposit amounting to Rs. 17,96,409/ (Rupees seventeen lakhs ninetysix thousand four hundred and nine)only to the writ petitioners within a period of 4 (four) months from the date of receipt of this judgment and order and the writ petition is allowed accordingly. No order as to costs.