RAI ELECTRICAL Vs. HINDUSTAN STEELWORKS CONSTRUCTION LIMITED

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present writ petition has been filed for issuance of direction upon the respondents - Hindustan Steelwork Construction Limited (in short to be referred as "HSCL") to release a sum of Rs. 4,50,000.00 (Rupees Four Lacs Fifty Thousand) only towards the 7th running account and pre-final Bills, which the petitioner is entitled to receive from the respondents in terms of the agreement.

(3.) Learned counsel for the petitioner submits that the respondents - HSCL invited tender for construction of two numbers of Type-I and Type-II Quarters each under Phase-B at J &V/Bankura District, West Bengal in the year 2011. On 02.12.2011, the petitioner submitted its bid in terms with NIT at Ranchi and being successful in the bid, it was awarded work by the respondents vide Letter of Award No. HSCL/RNC/TC/LOA/2012-520 dated 25.04.2012. The Letter of Intent was also issued by the respondent - HSCL on 205.2012. The petitioner successfully completed the work to the satisfaction of the respondents and handed over the possession of constructed quarters to the respondent -HSCL on 24.08.2015. The petitioner requested for release of the amount payable under the last running account bill on 27.11.2015 (Annexure-3 and 3/1 to the writ petition). However, the payment towards the running account bill presented by the petitioner has not been made to it by the respondent - HSCL. It would be evident from the letter dated 19.05.2016 (Annexure-4 to the writ petition), issued under the signature of the Deputy General Manager-respondent HSCL, that the said claim of the petitioner has been admitted by him, yet it has been stated inter alia that the due payment would be made to the petitioner after realising the amount from the client of the respondent - HSCL i.e. Navodaya Vidyalaya Samiti.