V S NOOR MOHAMMED Vs. GENERAL MANAGER

JUDGEMENT

(1.) The petitioner prays for writ of certiorari to call for the records relating to the third respondent herein in his proceedings No.M/W/496/NEL/1552 dated 26.2.1996.

(2.) The following facts are sufficient for the disposal of the writ petition. The petitioner is aggrieved by the impugned order of the third respondent withholding the amounts due to the petitioner/contractor with reference to the other works, than due under the contract in dispute. The grievance of the petitioner is that the Railways cannot withhold the amounts, which were due to the Contractor in respect of the other works. In support of the said contention, reliance is made on the judgment of the Supreme Court in (1987) 1 SCC 19 (M/S. LAKSHMICHAND AND BALCHAND VS. STATE OF ANDHRA PRADESH).

(3.) I have considered the submissions of the learned counsel for the petitioner as well as heard the learned counsel for the respondents. The decision relied upon by the learned counsel for the petitioner relates to a decree by the civil court and the decision is based on the well accepted principle that the execution Court cannot go beyond the decree.