MICHAEL ZOTHANKHUMA
J. K. Construction Co. – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
1. Heard Mr. I. Choudhury, learned Senior Counsel assisted by Mr. P. Borgohain, learned counsel for the petitioner. Also heard Mr. J. Chutia, learned counsel for the respondent no.2, 4, 5 & 6. Mr. B. Gogoi, learned counsel appears for the respondent no.1 & 3.
2. The petitioner’s grievance is that despite completing the contract work allotted to him, he has not been paid his outstanding bill amount.
3. The petitioner’s case is that for the project work for improvement of BBDC road from Ch. 0.00 km to 30.20 km under NLCPR for the year 2008-2009, the project work was split up into 53 separate contracts. The petitioner herein was awarded 15 contracts. However, the issue in this writ petition pertains to nonpayment of bills in respect of 6 contracts and the amount claimed is Rs.3,19,79,409. The petitioner was allotted 6 different contract works by the Additional Chief Engineer, PWD (R&B), Hills, Diphu, Assam and the petitioner started his 6 contract works with the “Issue of Notice to Proceed with the Work” issued by the respondents in February and March, 2015. The 6 contract works were as follows :
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