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Judgment
[1] The petitioner was awarded the contract for supply of 25 KVA, 63 KVA, 100 KVA, 200 KVA, 315 KVA & 500 KVA distribution transformers by the State Electricity Corporation under an order dated 06.03.2013. This was modified under a corrigendum dated 25.03.2013. The grievance of the petitioner is that despite successful completion of the works awarded the respondents have not released the final payment of Rs.35,05,062/-. The petitioner has, therefore, prayed for a direction to the respondents to release the said sum with interest.
[2] The respondents have appeared and filed the reply in which the stand taken is that there was considerable delay on part of the petitioner in executing the work. The authorities therefore had to extend the contract period and till this is done the final bill could not be paid. In Paragraph 12 of the reply it is stated as under :
"12. That, in the reply to the averments and/or contention made in para 14 of the writ petition I state that as the final time extension not yet finalized the answering respondent processing the payment of bill after considering the final extension of time as per the stipulated clause of the agreement. It is vehemently denied by the respondents the final bill was submitted on 27.04.2015 but despite repeated request these money have not pay and the respondent have made them liable to pay interest on such due amount @ 5%.
[3] Whether the petitioner had delayed execution of the work or whether there were reasons attributable to the electricity company which delayed the execution of the work, are issues which cannot be gone into in a writ petition since the same would involve disputed questions of facts. The settlement of the petitioner's final claims would depend substantially on answer to this question. The decision at the first instance has to be taken by the department. Once such a decision is taken if the petitioner is aggrieved, it shall have to take recourse as may be available under the law. However, one thing is undisputable, namely, the department cannot indefinitely delay taking a final decision on this crucial aspect of the matter on which the settlement of the petitioner's final claims depend. The work was completed sometime in the year 2015. So far the department has not taken a final decision on the question of extension of time. The department must take a final decision on this aspect and based on the conclusion must also decide if any payment remains outstanding to be released to the petitioner. If after the department takes such a decision the petitioner is still aggrieved, the petitioner must file a civil suit in which all questions of facts and law can be gone into.
[4] Under the circumstances, the petition is disposed of with following directions :
The respondents shall take a final decision on the question of extension of the contract period within a period of 4(four) months from today. Based on the conclusions thereon the respondents shall also decide whether any further payment is to be made to the petitioner. If any such payment is to be made, the same shall be released within a period of two months after the decision is taken. If the petitioner has any grievances surviving thereafter it would be open to the petitioner to file a civil suit. If no decision is taken but the respondents within the time granted or payment though found due but not paid, it will be open for the petitioner to file civil suit without waiting further for the respondents to take such steps.
[5] Petition is disposed of accordingly. Pending application(s), if any, also stands disposed of.