M/S. S.R.C. COMPANY, ENGINEERS & CONTRACTORS, SECUNDERABAD REPRESENTED BY ITS PARTNER SRI AVK PRASAD AND ORS Vs. UNION OF INDIA, SOUTH CENTRAL RAILWAYS, REP. BY ITS CHIEF ENGINEER/C

JUDGEMENT

(1.) All these three Writ Petitions can conveniently be disposed of by this common judgment as they involve common grievance and questions of fact.

(2.) For the sake of convenience, the facts and contentions in Writ Petition. No.2195 of 2009 are referred to for adjudication of these Writ Petitions.

(3.) Brief facts of the case are that; The petitioner is a qualified and accredited contractor and has undertaken execution of works of the first respondent-Railways. The petitioner being a successful tenderer pursuant to tender notification dated 09.11.2006 was issued with a letter of acceptance on 12.01.2007 for execution of 'Purna-Akola Gauge conversion of track from JG to BG, Washim, Akola Section, Earth work and construction of minor bridges and miscellaneous works between km.762.00 to 750.00 between Barsitakli and Sivnishivpuri stations'. Thereafter an agreement was entered into on 12.06.2007. The petitioner has completed the works successfully. However, being aggrieved with non-payment of final bill whereby certain amounts are withheld, the present Writ Petition is filed. On enquiry, the petitioner came to know that final bill has been withheld on account of claim of the respondent with respect to seigniorage fee payable to the Government of Maharashtra on the material used in carrying out the tender works.