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2024 Supreme(Del) 256

SUBRAMONIUM PRASAD
Psk Engineering Construction And Co. – Appellant
Versus
National Projects Construction Corporation Limited – Respondent


Advocates appeared:
Ms. Hina Shaheen and Mr. Siddharth Kaushik, Advocates, for the Petitioner.
Mr. Paritosh Budhiraja, Ms. Divya Singh and Ms. Pooja Sharma, Advocates, for the Respondents.

JUDGMENT

SUBRAMONIUM PRASAD, J.

1. The instant writ petition has been filed with the following prayers:

    "a. Issue a Writ in the nature of Mandamus or any other appropriate Writ that this Hon'ble Court may deem proper, directing the Respondents to:

    i. Pay a sum of Rs.1,33,95,393/- towards the balance value under the bill RAB 24th and Price Escalation RAB 4th & Final;

    ii. Pay the balance value of Rs.16,14,436/- (inclusive of CGST of Rs.2,46,270/-) towards the 18th RA Bill dated 25.03.2020;

    iii. Release and return the Original Fixed Deposit Receipts to the tune of Rs.14,60,000/- submitted towards Performance Bank Guarantee;

    iv. Refund the Security Deposit to the tune of Rs.2,51,66,588/- lying with Respondent No. 1;

    b. Issue a Writ in the nature of Mandamus or any other appropriate Writ that this Hon'ble Court may deem proper, declaring the action of the Respondents in not releasing the outstanding payments of Rs.4,16,36,417/- (Rupees Four Crore Sixteen Lakhs Thirty Six Thousand Four Hundred and Seventeen Only) for the work executed by the Petitioner, as illegal, arbitrary, malafide, unjust, oppressive, contrary to the principles of natural justice and to strike off the wordings of Clause 37 o

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