AI Structured Summary
Not yet generated for this judgment
Judgment
The petitioners have been awarded the contract of work(s) under the subject scheme in East Godavari District. After execution of the said contract, a final bill was prepared for a sum of Rs.84,82,104/- as per the sanctioned orders. As the payment of the said amount has not been made by the respondents, the petitioners have approached this Court by way of this writ petition.
It is the contention of the petitioners that even though the respondents admitted that the petitioners are entitled for payment of Rs.84,82,104/-, no payment is being made. The petitioners contend that such non-payment of money is clearly arbitrary and high-handed requiring the interference of this Court.
This Court, in various orders, including the judgment of a learned Single Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021 and batch had taken the view that such non-payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest.
On the other hand, learned Standing Counsel for the APICS has placed on record the counter affidavit filed by the 6th respondent-Executive Engineer APSIDC Division, Eluru and submits that the bank guarantee submitted by the agency for an amount of Rs.94,46,812/- towards Earnest Money Deposit has been lapsed and was requires to be revalidation for uploading the bills and the petitioners requested to deduct the above EMD in LS IV & part bill and admitting net amount of Rs.2,83,228/- payable to the petitioners. But, the subject bill was not uploaded for payment. Soon after uploading of the bill, an amount of Rs.2,83,228/- will be paid to the petitioners.
In view of the aforesaid directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioners, learned Standing Counsel for the APICS, this Writ Petition is disposed of with a direction to the respondents to release the net amount of Rs.2,83,228/- to the petitioners, within a period of two months. No order as to costs.
In fact there is no admission by the Respondents either in their Written Instructions regarding the payment of interest component or by oral submissions made by the Government Pleader/Standing Counsel for Respondents. Much less, the interest component as claimed by the petitioners was neither admitted nor approved at their final bills of the respondents. Hence, in the absence of any such admission, this Court is not inclined to grant any specific amount as it admitted under the head of interest. However, the Petitioners are entitled for interest component as per the terms of Agreement if permits and also in the case of delayed payments, as per the ratio laid down by the Division Bench of this Court in W.A.No.724 of 2021. Therefore, the respondents are hereby directed to pay admitted amount of Rs.2,83,228/- within a period of two months from the date of receipt of copy of this order. As far as interest is concerned, if both parties have agreed regarding the quantum of amount towards interest, the same should be paid along with admitted amount, if not, petitioners are at liberty to submit a representation or a Memo of Statement requesting for payment of interest. If petitioners are entitled for the same, after such submission of representation or Memo, the concerned respondent authorities shall consider and pass appropriate orders after providing opportunity of hearing to both parties in case of rejection or reduction of interest amount claimed by the petitioners, within a period of two (02) months thereafter.
Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.