Decided on March 23,2022

Utpal Datta Appellant


S.TALAPATRA,J. - (1.)Heard Mr. R. Datta, learned counsel appearing for the petitioner as well as Mr. D. Bhattacharya, learned G.A. assisted by Mr. P. Saha, learned counsel appearing for the respondents.
(2.)There is no dispute that the petitioner is a category-1 Contractor as registered under the Public Works Department, Government of Tripura, NBCC, NPCC, ONGC, HSCL and several other Government and Public Sector Enterprises. The petitioner has claimed his robust experience in the business. In response to the DNIT No. 62/CE/PWD (R and B)/SQC/PD-III/2007-08 for up-gradation of Panisagar to Sailen Bari Road under 40% renewal under Bharat Nirman Programme, the petitioner participated in the tendering and got selected. The work order No. 31-713/EE/(DD)/6065-6082 dtd. 6/11/2018 was issued in his favour. According to the petitioner, he had the liability to provide maintenance for a period of five years and that period came to end on 9/5/2017. He had been pressing for payment of the final bill and release the performance security and security deposits. But that was not so done, notwithstanding the fact that the petitioner has satisfactorily completed the whole work.
(3.)The petitioner had submitted the final bill amounting to Rs.6,94,000.00 to the respondents after completion of the work. The said final bill, the security deposit and the performance security deposit amounting to Rs.16,69,000.00 had not been paid or released till the day of filing of the writ petition despite serious persuasion from the end of the petitioner. On 2/12/2019, the petitioner asked the respondents for payment of the said amount but without any yield. Thereafter, on 21/10/2020, the petitioner issued a notice of demand for releasing the security deposits and payment of the final bills amounting to Rs.23,63,000.00 (in aggregate) along with interest within a period of fortnight. But again, there was no response. The petitioner has asserted that the performance security can be retained only for the five years for purpose of ensuring the routine maintenance in terms of the agreement. For withholding of the said amount, the petitioner has been put to serious financial stress and hence he has approached this court for directing the respondents to release security deposit and performance security deposit amounting to Rs.16,69,000.00 and the final bill amounting to Rs.6,94,000.00 along with interest etc.

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.