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2024 Supreme(Gau) 158

MICHAEL ZOTHANKHUMA
Karbi Projects Private Limited – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. I. Choudhury Mr. P. Mahanta
For the Respondents: Mr. J. Chutia, Mr. M. Das, ADV

JUDGMENT :

1. Heard Mr. I. Choudhury, learned Senior Counsel for the petitioner, assisted by Mr. P. Mahanta. Also heard Mr. J. Chutia, learned Standing Counsel, KAAC.

2. The claim of the petitioner in this writ petition is with regard to non-payment of contractual dues.

3. The brief facts of the case is that the petitioner was allotted works under “Improvement of BBDC Road from Ch-19700m to Ch-20700.00m including construction of 1000mm dia NP3 HP Culvert No.21/1, 1200mm dia (5 Row) 21/2 under NLCPR for the year 2008-2009.

4. The petitioner’s counsel submits that in terms of the “Demand Proposal of Grant Share of NLCPR Scheme” made by the Executive Engineer, PWD, Barpathar Roads Division Silonijan (respondent no.6) on 24.03.2023, the balance amount payable to the petitioner for completion of the said contract work is 14,75,040/-. He submits that despite the Completion Certificate No.1149 dated 24.09.2014 having been issued by the respondent no.6, the petitioner has not been paid the balance contractual dues till date.

5. Mr. J. Chutia, learned Standing Counsel, Karbi Anglong Autonomous Council (KAAC), on the other hand submits that though the work undertaken by the petitioner was under a

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