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S. TALAPATRA
Utpal Datta – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
S. Talapatra, J. - Heard Mr. R. Datta, learned counsel appearing for the petitioner as well as Mr. D. Bhattacharya, learned G.A. assisted by Mr. P. Saha, learned counsel appearing for the respondents.
2. There is no dispute that the petitioner is a category-1 Contractor as registered under the Public Works Department, Government of Tripura, NBCC, NPCC, ONGC, HSCL and several other Government and Public Sector Enterprises. The petitioner has claimed his robust experience in the business. In response to the DNIT No. 62/CE/PWD (R & B)/SQC/PD-III/2007-08 for up-gradation of Panisagar to Sailen Bari Road under 40% renewal under Bharat Nirman Programme, the petitioner participated in the tendering and got selected. The work order No. 31-713/EE/(DD)/6065-6082 dated 06.11.2018 was issued in his favour. According to the petitioner, he had the liability to provide maintenance for a period of five years and that period came to end on 09.05.2017. He had been pressing for payment of the final bill and release the performance security and security deposits. But that was not so done, notwithstanding the fact that the petitioner has satisfactorily completed the whole work.
3. The petitioner
Writ petitions are maintainable for contractual claims against state entities, and withholding payments due to contractors on arbitrary grounds violates constitutional obligations to act fairly.
Reimbursement of amount - Entitlement of - Grant of relief of this nature would virtually amount to a money decree. Petitioner is at liberty to take recourse to remedies available by raising such a c....
The significance of admitted liabilities, conflicting stands, and serious disputed questions of fact in contractual matters, and the discretion of the court in exercising jurisdiction.
The court reaffirmed that contractual disputes with an arbitration clause are not maintainable under Article 226 unless exceptional circumstances arise, emphasizing lawful forfeiture of security for ....
A State entity must act in accordance with principles of fairness and justice in contractual obligations, and cannot withhold payments without a clear determination of dues, as this constitutes arbit....
Writ petitions against State entities for payment of due amounts are maintainable even with disputed facts; contract completion obligates the State to release funds promptly.
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