MAHESHWARI ENTERPRISES Vs. UNION OF INDIA
LAWS(RAJ)-2014-4-98
HIGH COURT OF RAJASTHAN
Decided on April 24,2014

MAHESHWARI ENTERPRISES Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) BY the work order dated 23.9.1996 a work of constructing School Building and Staff Quarters for Kendriya Vidyalaya at Jalipa, District Barmer was awarded to the applicant contractor firm. The work was completed within the period prescribed and a final bill was issued. The representative of the applicant firm signed the final bill "under protest" as some of the outstanding claims were not taken into consideration and were not included in the final bill. The details with regard to outstanding claims were also communicated by the applicant to the Garrison Engineer, Jalipa Cantonment under a letter dated 14.7.1999 (Annex.R/1).
(2.) AS per the applicant, the Garrison Engineer by his letter dated 6.1.2000 (Annex.3) requested to submit complete final bill relating to the work concern in two portions i.e. undisputed portion and disputed portion, accordingly the same were submitted by the applicant. The final bill so submitted was not forwarded for its approval to the competent authority, thus, the applicant by his letter dated 6.3.2000 pursued his case for necessary action in this regard. The relevant contents of the letter dated 6.3.2000 reads as under : - "After then a period of 1 1/2 months has passed away, but still final bill has lying with you and not send to CWE(A) office Jodhpur, for their checking. The pase of checking the final bill is very slow and by this pase it is not possible to clear the final bill from CDASE PUNE by the end of March, 2000. Therefore please expedite the progress of final bill and send to CWE(A) office, Jodhpur at the earliest and oblige."
(3.) THE Garrison Engineer responded to the letter dated 6.3.2000 vide his communication dated 27.3.2000, that reads as under : - "1. Reference your letter No.ME/JLP/10/164 dated 06 Mar 2000. 2. Your contention is not agreed to. You have submitted the details of Final bill part 'B' to AGE B/R on 07.2.2000 and same has been forwarded to CWE for technical check." ;


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