SURAJIT SAHA Vs. T.S.E.C.L
HIGH COURT TRIPURA
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S.Talapatra, J. -
(1.) Heard Mr.P.Datta, learned counsel appearing for the petitioner.
Also heard Mr. N.Majumder, learned counsel appearing for the respondents.
(2.) Briefly stated the fact that is relevant in the perspective is that the respondent invited a tender for construction of two storied Sub- Division cum office building with provision of vertical expansion in future at Pragati Road, Agartala(Re-Call). The petitioner was the successful bidder and he entered into an agreement vide No. 16/ DGM/ CCD/2015-2016 on 25.01.2016. In terms thereof, the petitioner had completed the said work to the full satisfaction of the respondents on 25.05.2017. All formalities for finalizing the transaction was complete. From 25.05.2017 the respondents had started functioning from the said building. The respondents prepared the final bill but could not release the balance payment for the value of the work executed to the extent of Rs.51,80,174/-. Even they also did not release the security deposit to the extent of Rs.22,97,797/-, in total Rs.78,40,371.00/-. The petitioner reminded the respondents of their obligations to make the payment or to release of the said security deposits. The petitioner is also entitled to get payment of Rs.3,62,400.00 on account of earnest money. Therefore the total outstanding is accounted for, at Rs.78,40,371.00. As the payment due to him has not been made, the petitioner had requested the respondent no.2 for payment of the said due by two consecutive letters dated 30.09.2019 and 18.10.2019 Annexures2 and 3 respectively . When nothing positive yielded, the petitioner approached this court for direction on the respondents to pay him the admitted amount.
(3.) Mr. P.Datta, learned counsel appearing for the petitioner has referred the communication dated 25.11.2019 Annexure-5 to the Writ Petition where the respondent through their Addl. General Manager (DP &C) had informed the petitioner that they would release the outstanding due and requested the petitioner to bear with them for some times. For that purpose, the entire text of the said letter dated 25.11.2019 is extracted below:
No.F.10(03).Misc. TSECL Corp. Office/19-20/39883-86Dated 25/11/2019
Sri Surajit Saha, Govt. Contractor
Sub: Regarding settlement of dispute for the work 'Construction of two storied Sub- Division cum office building with provision of vertical expansion in future at Pragati Road Agartala'
Ref:-(i) Agreement no 16/ DGM/CCD/2015-16 Dt.25/01/2016
(ii) Your letter no.NIL Dt.11/11/2019
Please refer to above. In this respect this is to inform you that bill for the work mentioned above amounting to Rs.51,80,174.00 was already processed from Division Office to the Finance wing of TSECL and is under consideration of the authority.
You are therefore, requested to please wait for some days for release of payment. Earnest Money Deposit and Security Deposit would be released after finalization of bill. In this respect this is also to say that TSECL always try it's best to release fund to the agency after complying all norms and regulations etc. in force.
Thank youYours faithfully
Addl. General Manager (DP&C)
Copy to:-(i) The Director(Finance) TSECL for favour of his kind information please.
(ii) The GM.(Tech), TSECL for favour of his kind information please.
(iii) The DGM CCD for information.
Addl. General Manager (DP&C)
TSECL, Agartala ;
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