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Judgment
Tarlok Singh Chauhan, J
The petition has been filed for the grant of following substantive relief(s):-
a) To issue an appropriate writ, order, direction directing the respondents to make the payment of final bill, Annexure P-5, to the tune of Rs.
38,86,743/-alongwith interest @ 18% from the date when the same fell due to the petitioner within a period of four weeks.
b) To direct respondents to give benefit of clauses 10cc, 12 and 12a of the agreement.
c) To direct the respondents to pay an amount of Rs.2 lacs on account of damages for unnecessarily harassment and botheration and also the cost of
present writ petition as the petitioner has been dragged in the present litigation without any fault on his part.
On 20.11.2020, the learned Advocate General had placed on record the instructions received from the department, relevant portion whereof reads
as under:-
“In this regard, it is intimated that the work in question was a deposit work and funds were to be provided by the client department i.e. Health
Department Govt. of H.P. The department of health has deposited amount of Rs. 63.79 lacs only with the Public Works Department. The contractor
has executed the work amounting to Rs. 81,05,215/-only. Out of which the amount of Rs. 60,90,212/-only has already been paid t the contractor. Now
an amount of Rs. 20.15 lacs only is to be paid to the contractor after statutory deduction. The balance amount has been received from the Department
of Health i.e. Rs. 42.85 lacs. Out of which Rs. 20.15 lacs has been paid the contractor through RTGS on dated 31.3.2020. It is also intimated that no
balance amount has been left to paid to the contractor.â€
Since the main relief regarding the payment of final bill stands redressed by the respondents, therefore, we see no reason to keep this petition on the
docket of the Court. Accordingly, the same is disposed of, reserving liberty to the petitioner to avail such remedy that may be available to him for
claiming interests/damages in accordance with law.
The petition stands disposed of, so also pending application(s), if any.