In contractual disputes involving fact complexities and excess payments, writ courts are generally not competent to adjudicate, favoring civil suit or arbitration for resolution.

JUDGMENT :

YARENJUNGLA LONGKUMER, J.

Heard Mr. C. Lalramzauva, learned senior counsel assisted by Mr. Lalbuatsaiha, learned counsel for the petitioner and Ms. Mary L Khiangte, learned Government Advocate for the State respondents.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner prays for a direction to the respondents to take immediate action as contemplated under clause 55.2 of the Standard Bidding Documents/GCC by closing all the 11 contract works awarded to the petitioner’s late father and to release all the amounts pending in connection with all the contract works mentioned in paragraph 4 of the writ petition with interest at the rate of 12.5 % per annum after adjusting the amount already released to the petitioner on 02.12.2024 as stated in paragraph 6 of the petition.

3. It is contended by the petitioner that he is the son of Lt. Biakliama who was the Contractor and was awarded as many as 11 contract works for construction of roads under PMGSY. However, before he could complete the contract works he passed away on 03.07.2022.

4. The petitioner being the son and nominee of the late Contractor expressed his unwillingness to continue with the remaining balance work by submitting representation to the respondents except for the work in respect of ‘construction of Phura to Vahai road’ (0.00-17.0 Kmp) package No.MZ07 912 group No.133. For this work, the petitioner was not a nominee but one Shri Malsawmtluanga was the nominee.

5. It is the case of the petitioner that as per clause 55.2 of the GCC, which formed part of the contract agreement between the employer and the Contractor, if the Contractor dies during the pendency of the contract or became permanently incapacitated, and his/her nominee are not willing to complete the contract, the contract shall be closed without levying any damages/compensation as provided for in clause 44 and 53 of the GCC. It is also provided in clause 55.2 that if the nominee expresses his/her intention to complete the balance work and the competent authority is satisfied about the competence of the nominee, then the competent authority shall enter into a fresh agreement for the remaining work strictly on the same terms and conditions under which the contract was initially awarded.

6. The petitioner in his writ petition has provided details of the 11 contract works which were allotted to his late father which is listed herein below:-