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2005 DIGILAW 274 (GAU)

H. Sanot of Sehai Khunou and Ors. v. State of Manipur and Ors.

2005-03-31

T.NANDA KUMAR SINGH

body2005
1. The writ petitioners are asking for a direction to pay/release the undisputed security deposit for the works deposited with the respondents to them. I have heard Mr. M. Devananda Singh, learned counsel for the petitioners, Mr. N. Ibotombi Singh, learned counsel for the respondents 3 and 4 as well as Mr. S. Suresh, learned Jr. G.A. to the learned A.G., Manipur appearing for the respondents 1 and 2. 2. The simple case of the writ petitioners is that they are the contractors and they had entered into agreements for execution of different contract works of the Govt. of Manipur. The Agreements between the contractors, i.e. the writ petitioners and the respondents were in the prescribed format for Agreement between the Contractor and Central Govt. mentioned in the CPWD Mannual. Rule 273 of the GFR speaks about the requirement of security deposit with subject to any general or special instructions prescribed by the Govt. in its behalf, a private person or a farm, contracting with the Govt. to supply or to execute on work, shall, unless exempted by orders issued with the prior consent of the Finance Ministry, be required to furnish security for due fulfillment of the contract. In all the Agreements between the writ petitioners and the respondents there is a clause no.9(A) which speaks about the requirement of security deposit by the writ petitioners for their contract works. Clause 29(A) of the Agreement reads as follows: “29(A). Sum of the money due to the contractor (including the security deposits) returnable to him under contract may be withheld or retained by way of loan by the Engineer In-charge or the Govt. or in their contracting person or persons through Engineer Incharge against any claim of the Engineer In-charge or such persons or person in respect of the payment of sum of money arising out under any contract made by the contractor with Engineer In-charge of the Govt. such other person or persons. It is agreed item of contract that sum of money so withheld or retained under this clause by the Engineer in-charge or the Govt. will be kept or retained as such by the Engineer In-charge or the Govt. such other person or persons. It is agreed item of contract that sum of money so withheld or retained under this clause by the Engineer in-charge or the Govt. will be kept or retained as such by the Engineer In-charge or the Govt. in his claim arising out of in the same contract or in other contract is either mutually settled or determined by the arbitrator or the competent court, as the case may be, and that the contractor shall have no claim or interest or damage or whatsoever of this kind or any other grounds in respect of any sum of money withheld or retained under this clause and duly notify to the contractor”. 3. The particulars of the contract works for which the contractors(writ petitoners) deposited the security deposit to the respondent and the respective amount of security deposit are mentioned hereunder: Sl. Original Amt. Deposited as Name of works for which the amount No. Security Amt. And Date of was deposited and name of Agencies. Deposit. 1. 2. 3. 1. 38/2-7.97 Rs. 1,56,099/- Impvt. Of Awang Kasom Chingai Rd. 7-14 (Kms.(SH: W.B.M.& P.C.) Shri H. Sanot. 2. 3/2-7-97 Rs. 1,10,374/- Impvt. Of Awang KasomChingai Rd. (SH: W.B.M.&PC.) Sri H. Sanot 3. 11/9-11-97 Rs. 8,302/- S/R to Nunghar Khamasom Poi Chingai Rd.(SH:Slip clearance from 9-16Kms) Sri S. Phungyo. 4. 59/4-1-97 Rs. 10,903/- S/R to I.U. Rd. 25-82 Km (SH:Repairing of Litan Baily Bridge at 38.30Kms) Sri S. Yarphuk, 5. 112/31-3-98 Rs. 3,898/- Constn. Of T/III Qtr. For pigery farm at Ukl. Sri S. Yarphuk. 6. 33/17-3-98 Rs. 12,508/- Impvt. Of I.U. Rd. (SH: Strong. Std. Single land section f rom 62-82 Kms. I/c Widening from 79-84 Kms. Constn. Of R/Wall near TV Station Left side) Phase-II. Sri S. Yarphuk. 7. 42/7-6-97 Rs. 10,547/- Impvt. Of Dist. Hospital at Ukl (SH:Constn of Latrine-2 Block 3-Unit each with 2 Nos. of Septic tank 50-capacity. Sri S. Yarphuk 8. 59/4-1-97 Rs. 7,803/- Constn. Of D.C. Compound wall at Ukl Sri S.Yarphuk. 9. 129/30-10-98 Rs. 9,170/- Constn. Of Munsiff Court at Ukl. Sri S. Yarphuk. 10. 301/31-3-98 Rs. 1,50,000/- Constn. Of Nunghar Khamasom Poi Chingai Rd.(SH: E/W in F/cutting from 49 to 61 Kms) - Sri A.L. Fareng. 11. 17/31-3-98 Rs. 56,000/- Nunghar Khamasom Poi Chingai Rd. 0-75 Kms.(SH: E/W in F/cutting from 29 to 37 Kms) -- Sri A.L. Fareng 12. 253/31-3-98 Rs. 9,170/- Constn. Of Munsiff Court at Ukl. Sri S. Yarphuk. 10. 301/31-3-98 Rs. 1,50,000/- Constn. Of Nunghar Khamasom Poi Chingai Rd.(SH: E/W in F/cutting from 49 to 61 Kms) - Sri A.L. Fareng. 11. 17/31-3-98 Rs. 56,000/- Nunghar Khamasom Poi Chingai Rd. 0-75 Kms.(SH: E/W in F/cutting from 29 to 37 Kms) -- Sri A.L. Fareng 12. 253/31-3-98 Rs. 45,722/- Nunghar Khamasom Poi Chingai Rd.0-75 Kms)SH: E/W in F/cutting from 27 to 29 Kms) --- Sri A.L. Fareng 13. 56/26-2-99 Rs. 34,720/- Constn. Of m/bridge on Ukl Pouyi Rd. 2 Nos.(SH: Const. Of m/bridge 1 No) Sri A.L. Fareng. 14. 11/7-3-98 Rs. 57,668/- Nunghar Khamasom Poi Chingai Rd. 0-79 Kms.(SH:E/W in F/cutting 37 49 Kms) Sri A.L. Fareng. 15. 108/9-11-97 Rs. 70,858/- Impvt. Of I.U.Rd.(SH:Widening & Streng. In the 79.81 to 80.15 Kms) - Sri H. Sanot. 16. 138/23-7-97 Rs. 9,060/- Impvt. Of M.T.Rd. 64-66 kms.(SH:Constn. Of R/wall and P/pipe culverts at 4.340 Kms Sr.H. Snot. 17. 53/31-3-96 Rs. 1,67,628/- Constn. of Dist. Jail at Ukhrul - Sri. Snot. 18. 119/31-3-99 Rs. 22,997/- Constn. of resdl.Bldg.for Medical Deptt. At Kasom Khullen(SH:constn. Of T/III Qtr. 1No.)(Balance work) -- Shri H. Sanot. 19. 108/9-11-98 Rs. 65,178/- I.U.Rd.(SH:Strength.the existing single land section from 79-81Kms) - Sri H. Sanot. 20. 98/20-11-97 Rs. 61,615/- Impvt. of IU Rd.(SH:widening and streng in the reaches 80.70 to 81.855 Kms) Sri H. Sanot. 21. 65/21-3-97 Rs. 88,910/- Impvt. Of Rd. from Challou Bridge point to Kharasom(SH: E/W in F/cutting)Phase-II. Sri. H. Sanot. 22. 104/20.11.97 Rs. 54,540/- IU Rd.(SH:Streng the existing single land section from 79.81 to 80 Kms) Sri. H. Sanot. 23. 183/23-11-97 Rs. 4,339/- Lambui to Tusom Katha Rd.(SH: E/W. & slip clearance for the portion 0 to 2.5 Kms) Sri H. Sanot. 24. 33/23-7-97 Rs. 90,204/- Impvt. of Rd.from Awang Kasom to Chingai 7 to 14 Kms(SH: WBM one layer And p.c. and 6 Nos. of culverts) Shri H. Sanot. 25. 13/2-7-98 Rs. 80,197/- Impvt. of Awang Kasom Chingai Rd. (SH. Metalling 1-layer & p.c. from the portion 0-7Kms) -- Sri H. Sanot. 26. 124/28-3-98 Rs. 1,186/- S/R to L/Gate to phadang & clearance side beam O to 3 Kms.) -- Sri.H. Sanot. 27. 57/12-10-98 Rs. 10,472/- Impvt. of Awang Kasom to Chingai Rd. 0-14Kms. -- Sri H. Sanot. 28. 3/5-12-98 Rs. 37,512/- Impvt. of Awang Kasom to Chingai Rd. 7-14 Kms.(SH:Constn. Of R/culverts and s/culvert 10Nos. & constn. Of s/culverts 3 Nos. 7-14kms. 124/28-3-98 Rs. 1,186/- S/R to L/Gate to phadang & clearance side beam O to 3 Kms.) -- Sri.H. Sanot. 27. 57/12-10-98 Rs. 10,472/- Impvt. of Awang Kasom to Chingai Rd. 0-14Kms. -- Sri H. Sanot. 28. 3/5-12-98 Rs. 37,512/- Impvt. of Awang Kasom to Chingai Rd. 7-14 Kms.(SH:Constn. Of R/culverts and s/culvert 10Nos. & constn. Of s/culverts 3 Nos. 7-14kms. For the portion 10.5 to 14 Kms.) -- Sri H. Sanot. 29. 38/31-3-98 Rs. 50,000/- Impvt. of Awang Kasom to Chingai Rd. 0-14 Kms.(SH: Constn. Of RCC pipe 900mm dia. Culverts 10 Nos. s/culverts & constn. Of s/culverts 3 Nos. betn. 7 to 10 Kms. For the portion 10.5 to 19 Kms) Shri H. Sanot. 30. 183/23-11-99 Rs. 4,359/- Lambui to Tusen Hatha Rd.(SH: E/W & slips clearance for the portion 0-2 KMs_ Sri H.Sanot. 31. 4/10-10-97 Rs. 21,181/- Supply of Ukl Town portion 40mm stone chipe(SH: Impvt. of Ukhrul Rd.81-82 Kms Sri H.Sanot. 32. 94/9-8-97 Rs. 22,399/- Impvt. of Rd. from Kharasom Junction to Somsai remaining portion upto elipad (SH: SBM 3 to 5 kms.) - Sri H. Sanot. 33. 104/20-11-98 Rs. 72,504/- Impvt. of IU Rd (SH: Widening and treng and Constn. Of L/drain in the reaches 81.85 to 83.014 Kms.) - Sri H. sanot. 34. 35/23-7-97 Rs. 14,000/- Impvt. of M.T.Rd.(SH:Shingling & WBM from 51 to 64 Kms. I/c land compensation) SH: Shingling from 55 to 57.76 Kms) Sri H. Sanot. 35. 65/21-7-97 Rs. 35,256/- Constn. Of Rd. from Challou bridge in formation cutting)Phase-II - Sri H. Sanot 36. 21/3-7-97 Rs. 38,360/- Impvt. of Chandrakhong Kasom Khullen Rd.(SH: Widening to MDR Std. From 5 15 Kms. For the portion 5 to 8.30 Kms.) Sri S. Thanmi. 37. 96/30-3-98 Rs. 11,320/- Constn. Of Resdl. Qtr. At Ukl (SH:Constn. Of T/IV Qtr. 1 No. for PWD) B/Work) Shri M. Joy Singh. 38. 179/23-11-79 Rs. 2,199/- Impvt. of Gamnom Chamu Rd. 0-60Kms. (SH: Clearance of Jungle in betn. 39 to 48.5. Kms.) -- Sri. V.S. Nganingkhui. 39. 5/2-2-2000 Rs. 46,000/- Constn. Of Yekun Nungshong Khullen Rd. 5 to 10 Kms. (SH: E/W. in F/cutting Shri T. Kaping. 40. 71/3/99 Rs. 10,586/- Impvt. of IU Rd.(Constn. Of weak bridge from 41-47 Kms.(SH: Re/constn. Of m/bridge at 54.90, 55.00 & 55.85Kms Sri A.S. Khathing, 41. 13/12-98 Rs. 1,602/- Impvt. of IU Rd.(Constn. Of weak bridge from 41-47 Kms.(H:Re-constn. Of m/bridg at 54.90, 55.00 & 55.85 Kms.) Sri A.S. Khathing. 42. 66/10-8-97 Rs. (SH: E/W. in F/cutting Shri T. Kaping. 40. 71/3/99 Rs. 10,586/- Impvt. of IU Rd.(Constn. Of weak bridge from 41-47 Kms.(SH: Re/constn. Of m/bridge at 54.90, 55.00 & 55.85Kms Sri A.S. Khathing, 41. 13/12-98 Rs. 1,602/- Impvt. of IU Rd.(Constn. Of weak bridge from 41-47 Kms.(H:Re-constn. Of m/bridg at 54.90, 55.00 & 55.85 Kms.) Sri A.S. Khathing. 42. 66/10-8-97 Rs. 3,262/- Impvt. of IU Rd.(Constn. Of weak bridge from 41- 47Kms.(SH: Re-constn. Of m/ bridge at 54.90,55.00 & 55.85 Kms.) Shri A.S. Khathing. 43. 46/25-3-97 Rs. 8,455/- Impvt. of IU Rd. 25-58.17 Kms(SH: Strengh. Existing pavement from 72-76.15 Kms. I/c R/Wall & B/Wall in betn. 72-76.15 Kms. I/c(SH: Strength existing pavement from 72 to 76 Kms) Sri. A.S. Khathing. 44. 227/30-3-97 Rs. 6,228/- Impvt. of IU Rd.(Constn. Of weak bridge from 41-47 Kms. (SH: Re constn. Of m/bridge at 54.90, 55.00, 55.85Kms. Sri A.S. Khathing. 45. 45/10-97 Rs. 10,288/- Impvt. of IU Rd.(Constn. Of weak bridge from 41-47 Kms.(SH: Re-constn. Of m/bridge at 54.90, 55.00 & 55.85 Kms.) Shri A.S. Khathing. 4. The further case of the writ petitioners is that the contractors had completed the concerned contract work and none of the petitioners had been asked to rectify any defect in the contract work by the concerned Engineer In-charge after full completion of the contract works. Even after much persuasion, the respondents did not release the said security deposit for the said contract work for which the writ petitioners had fully completed the contract works without any defect. Having no alternative, the writ petitioners approached this court by filing the present joint writ petition. 5. The respondent No. 3, the Chief Engineer, PWD and the respondent No. 4, the concerned Executive Engineer, Ukhrul Division, PWD, Manipur had filed their affidavit- in -opposition. In their affidavit-in-opposition they had admitted that a sum of Rs. 17,96,409/- (Rupees seventeen lakhs ninetysix thousand four hundred and nine)only was deducted being security deposit from the different works executed by the writ petitioners and the said amount is lying with the respondents. The said amount of Rs. 17,96,409/- (Rupees seventeen lakhs ninetysix thousand four hundred and nine) could not be refunded to the petitioners in time due to non-releasing of Cheque Drawal Authority from the competent authority under the appropriates head of account, Works Department and the said amount claimed will be refunded as and when the Cheque Drawal Authority is available. The said amount of Rs. 17,96,409/- (Rupees seventeen lakhs ninetysix thousand four hundred and nine) could not be refunded to the petitioners in time due to non-releasing of Cheque Drawal Authority from the competent authority under the appropriates head of account, Works Department and the said amount claimed will be refunded as and when the Cheque Drawal Authority is available. In the above admitted facts, this court is of the considered opinion that this writ petition could be disposed of with the direction to the respondents to refund/release the undisputed security deposit amount of Rs. 17,96,409/-(Rupees seventeen lakhs ninetysix thousand four hundred and nine) to the writ petitioners inasmuch as this writ petition is squarely covered by the decisions of this court (1) dated 10.3.2005 passed in W.P( C) No. 437/04 and batch; (2)Angpu Khaling - vrs - State of Manipur & Ors 1992 (2) GLT 419 wherein this court held that writ petitions for a direction to pay undisputed bills is maintainable even if there is an alternative remedy; (3) Green Valley Industry Vs State of Assam & Ors reported in 1999 (1) GLT 604 wherein DB of this court held that writ petitions for a direction to pay undisputed amount of bill is maintainable; (4) Swadesh Lal Roy Vs State of Assam & Ors reported in 2001 (1) GLT 332 wherein this court held that writ petitions for a direction to pay undisputed outstanding bills is maintainable and (5) Tayum Yalli & Os Vs. Union of India and Ors. Reported in 2002 (3) GLT 416 wherein this court held that writ petition for a direction t o pay undisputed bill on completion of contract work is maintainable. 6. For the reasons discussed above, the respondents are directed to refund the said undisputed security deposit amounting to Rs. 17,96,409/- (Rupees seventeen lakhs ninetysix thousand four hundred and nine)only to the writ petitioners within a period of 4 (four) months from the date of receipt of this judgment and order and the writ petition is allowed accordingly. No order as to costs.