MBL INFRASTRUCTURE LIMITED Vs. STATE OF UTTARAKAND

JUDGEMENT

(1.) The petitioner before this Court is a Public Limited Company which is engaged in the business of civil engineering works. According to the averments made in paragraph no. 1 of the writ petition, the petitioner has a Pan India presence and has executed number of works in the States of Assam, Bihar, Delhi, Haryana, Karnataka, Madhya Pradesh, Rajasthan, Uttar Pradesh, Uttarakhand and West Bengal.

(2.) A contract was awarded to the petitioner for the execution of "improvement/strengthening of State Road in Districts of Nainital and Udham Singh Nagar under Contract Package No. 05 for an amount of Rs.34,90,92,216.57(Rupees Thirty Four Crore Ninety Lakh Ninety Two Thousand Two Hundred Sixteen and Fifty Seven Paisa Only)." According to the petitioner, the entire work was completed within the stipulated period of time of 18 months. After the completion of the work, however, certain defects were pointed out which were also removed and the work was completed.

(3.) The case of the petitioner is that although he has been paid the amount of the work but there is still a balance of Rs.1,94,94,371.00 (Rupees One Crore Ninety Four Lakh Ninety Four Thousand Three Hundred Seventy One Only), with the respondents, which they have to pay. The petitioner would also argue that this is an undisputed liability which is admitted by the respondents and consequently the respondents are liable to pay the same.