High CourtsSingle Bench(2024) 05 MEG CK 0007

M/s. Prasad Construction Company vs Union Of India Represented Through Chief Engineer, Spread Eagle Falls, Shillong-793011 & Ors.

Meghalaya High Court · Decided on 1 May 2024

HON’BLE JUDGES
H.S. Thangkhiew, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C). No. 167 Of 2023

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Judgment

8 paragraphs · 274 words

H.S. Thangkhiew, J

1.

The petitioner is before this Court for re-verification of the Minus Final Bill where it has been shown that there is deduction of VAT and Labour Cess.

2.

It has been submitted that the price quoted by the petitioner was already inclusive of VAT and other taxes, but in the Final Bill, the VAT percentage was wrongly added in the price quoted, and instead, it has been shown that the Final Bill based on minus side required the petitioner to deposit a sum of ₹ 56,05,861/- in favour of the respondent Garrison Engineer.

3.

Today, when the matter was taken up, Dr. N.Mozika, learned DSGI assisted by Ms. K.Gurung, learned counsel for the respondents, on instruction had produced a communication from the Garrison Engineer dated 30th March, 2024, which shows that in fact the Minus Final Bill amount is only ₹ 3,31,916/-, which is payable by the petitioner.

4.

In view of this development, the parties pray that the instant writ petition be closed.

5.

Considering the submissions and having examined the letter dated 30th March, 2024, it appears that nothing remains for consideration in the instant writ petition as the writ petitioner is also agreeable to pay the Minus Final Bill of ₹3,31,916/-, subject to other claims that they may have with regard to the contract.

6.

Accordingly, the writ petition is disposed of and the impugned letter dated 16th November, 2022, where the said demand has been made is set aside and quashed. Matter stands closed and disposed of.

7.

Copy of the letter dated 30th March, 2024 is taken on board and made part of the record.