Nongmeikapam Gouro Singh vs State Of Manipur & Ors.

Ahanthem Bimol Singh, J

Heard Mr. K. Roshan, learned counsel appearing for the petitioner and Mr. Niranjan Sanasam, learned GA appearing for the respondents.

The present writ petition has been filed with the prayer for directing the respondents to pay the undisputed bill amount of Rs. 1,85,55,950/- (rupees one crore eighty five lakh fifty five thousand nine hundred and fifty) only for the work executed by the present petitioner in terms of the Work Order dated 08-04-2022 issued by the Executive Engineer, Bishnupur Division, PWD, Manipur.

In the counter affidavit filed on behalf of the respondents No. 1, 4, 5 and 6, it has been stated at para. 7 that the outstanding bill of the petitioner shall be cleared after the Administrative Department released the re-validated CDA. The learned GA fairly submitted that the claim of the petitioner remains undisputed and as such, the present writ petition can be disposed of on the basis of the statement made by the respondents in their counter affidavit.

I have heard the submission advanced by the learned counsel appearing for the parties and on perusal of the writ petition as well as the counter affidavit filed by the respondents, it is clear that the claim for payment of bill due payable to the petitioner is not disputed by the respondents and that the respondents have categorically stated in their counter affidavit that the outstanding bill of the petitioner shall be cleared after the Administrative Department released the re-validated CDA.

Taking into consideration such undisputed facts and the factum that the claim of the petitioner for payment of undisputed bills remain uncontroverted, this court is of the considered view that the present writ petition can be disposed of with the following directions;-

(i) The respondents are hereby directed to release the outstanding bill due payable to the petitioner amounting to Rs. 1,85,55,950/- (rupees one crore eighty five lakh fifty five thousand nine hundred and fifty) only for the work executed by the petitioner in terms of the Work Order dated 08-04-2022 issued by the Executive Engineer, Bishnupur Division, Manipur;

(ii) It is made clear that the whole process for payment of the said outstanding bill shall be completed as expeditiously as possible but not later than a period of five months from today; and

(iii) It is made clear that if the respondents failed to release or pay the outstanding bill due payable to the petitioner within the stipulated period, the outstanding amount shall carry an interest @ 9% per annum from the date the amount is payable to the petitioner till the actual payment to the petitioner.

With the aforesaid directions, the present writ petition is disposed of.