M/S. SURESH BABU CONSTRUCTION, REP. BY MANAGING PARTNER, B. SHANMUGA SUNDAR, NO. 28, KALIAMAN KOIL STREET, K.K. PUDUR (POST), COIMBATORE-641038 Vs. THE DEPUTY CHIEF ENGINEER (CONSTRUCTION), SOUTHERN RAILWAY, CALICUT-673001,

JUDGEMENT

(1.) The petitioner seeks for a direction to the 1st respondent to pay to the petitioner the sum of Rs. 3,19,263/- and enhanced to Rs. 3,40,000/- after releasing the security amount of Rs. 1,85,000/-. In the counter affidavit, in paragraph No. 7, after explaining various steps in the matter, it is averred that as per the books of account maintained by the respondents, only an amount of Rs. 1,50,272/- is due to the petitioner. The said amount has been arrived at after deducting Rs. 12,16,350/-, the amount already paid to the petitioner for the three running bills and also an amount of Rs. 1,87,343/- being liquidated damages payable by the petitioner to the Railway Administration. It is also stated that the above admitted amount will be paid to the petitioner, after deducting statutory levies and taxes and after obtaining the necessary administrative sanction from the competent authority and final vetting of the Associated Finance Branch. With regard to the security deposit, it is averred that the said amount will be released to the petitioner on finalisation of the agreement subject to the approval of the competent authority.

(2.) The learned counsel for the petitioner prayed for a direction therefore to disburse the above amount within a short time.

(3.) The learned Standing Counsel submitted that at least 60 days' time is required, since administrative actions will have to be completed. There will be a direction to release the admitted amount along with the security deposit to the petitioner within a period of six weeks from the date of receipt of a copy of this judgment. The disbursement of the said amount will be without prejudice to the right of the petitioner to avail the remedy of arbitration in respect of the balance claims.