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2024 Supreme(Kar) 210

M. NAGAPRASANNA
Gvpr Engineers Ltd. , Represented By Its Vice President Mr. Manjunatha Swamy J. R. – Appellant
Versus
Managing Director Karnataka Neeravari Nigama Ltd. , (Govt. of Karnataka Enterprises) Represented By Its Managing Director – Respondent


Advocates appeared:
Sri Madhusudhan R.Naik, Sr. Advocate for Sri Pradeep Gaonkar, Advocate, for the Petitioner; Sri Prashanth B.R., Advocate, for the Respondent.

ORDER

M. Nagaprasanna, J.

The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus to release Rs.5.52 crores on consideration of the representation dated 27-12-2021.

2. Heard Sri Madhusudhan R.Naik, learned senior counsel appearing for the petitioner and Sri B.R. Prashanth, learned counsel for the respondents.

3. Facts, in brief, germane are as follows:-

    On 09-04-2007 the respondent/Karnataka Neeravari Nigama Limited ('the Company' for short) issued a notice of tender for modernization of Anvery Canal including rehabilitation of structures, distributaries etc. falling within the reach of the said Canal. Pursuant to emerging of the petitioner as successful tenderer, an agreement comes to be executed on 25-06-2007 for the aforesaid work and work order was accordingly issued. The petitioner was issued work completion certificate with regard to the aforesaid work. Bank guarantees that were taken at the time of awarding of contract were also released. On 11-05-2019 long after the work was over, it appears that one Chidananda Murthy complains to the Karnataka Lokayukta alleging sub-standard work that was completed by the petitioner in the Canal.

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