LAWS(MPH)-2015-5-118

PRABHA EXIM PVT. LTD. Vs. PUBLIC WORKS DEPARTMENT

Decided On May 06, 2015
Prabha Exim Pvt. Ltd. Appellant
V/S
PUBLIC WORKS DEPARTMENT Respondents

JUDGEMENT

(1.) Heard on the question of admission.

(2.) The petitioner is a Class-B Civil Government Contractor. It is alleged that after lapse of months respondents have not finalized the final bill of the petitioner for want of Royalty Clearance Certificate as per terms and conditions of the agreement executed between the petitioner and Department.

(3.) According to the petitioner, in view of the law laid down by this Court as well as at Principal Seat, Jabalpur in various cases, including the cases of M.P. Contractors Sangh, Indore & Ors. v/s. State of M.P. & Ors., 1987 JabLJ 743, M.P. Audhyogik Kendra Vikas Nigam v/s. Abrar Construction Company & Ors., 2005 Arb. WLJ 379 (MP), Keti Construction Ltd. v/s. State of M.P, 2007 3 MPHT 433(D.B.) and Tomar Construction Company v/s. State of M.P. & Ors., 2008 2 MPLJ 40and recently in Writ Appeal No. 357/2012 (M/s. Arpit Heights (P) Ltd. v/s. Indore Development Authority) decided on 18.03.2013, the insistence of the respondents for production of the Royalty Clearance Certificate is illegal.