SAURABH BUILDERS Vs. DISTRICT PANCHAYAT

JUDGEMENT

(1.) The Petitioner, by this petition, challenges the letter dated 9.8.2006, whereby, on account of the audit objection, the Petitioner was called upon to deposit the amount of Rs. 5,51,888/-, failing which he has been informed that the amount shall be recovered from the other bills payable in respect of other contracts.

(2.) The relevant facts appear to be that the Petitioner was granted contract by the District Panchayat for improvement of Khandevav, Sarnej, Rajpura Singaliya Road, Taluka Baghodia, District Vadodara in the year 1995-96. It is the case of the Petitioner that the work was required to be completed and the same was completed well in time and after completion of the contract final bill was paid and the security deposit was also refunded as back as in the year 1996.

(3.) It appears that thereafter in the audit some objection was raised on the ground that the contract was not completed well in time and, therefore, as 0.01% was the rate of liquidated damages, without any adjudication, impugned communications were addressed to the Petitioner, calling upon him to deposit the amount of Rs. 5,51,888/-. It is also stated in the said communication that if he fails to deposit the amount, the said amount shall be recovered from other bills in respect of other contracts with District Panchayat. It is under these circumstances, the present petition.