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2023 Supreme(Online)(KAR) 15039
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NC: 2023:KHC:26807
WP No. 16359 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 16359 OF 2023 (LB-BMP)
BETWEEN:
M/S NETCON TECHNOLOGIES INDIA PVT LTD
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT 1956,
HAVING ITS REGISTERED OFFICE AT
523/3, BUSHIDO TOWERS,
NEAR KURINJI HOSPITAL,
AVINASHI ROAD, NAVA INDIA,
COIMBATORE-641028
ALSO AT HAL
2ND STAGE 1ST FLOOR,
SUJAYA BUILDING 13TH MAIN, 2ND CROSS,
INDIRANAGAR,
BENGALURU-560008
REPRESENTED BY ITS ASST. GENERAL MANAGER,
MR. ARUNKUMAR MURUGESAN
…PETITIONER
(BY SRI. AMSHUMAN., ADVOCATE FOR
SRI. SUSHEN S.,ADVOCATE)
AND:
1.
EXECUTIVE ENGINEER
BRUHAT BENGALURU MAHANAGARA PALIKE,
C V RAMAN NAGAR DIVISION,
IST CROSS ROAD,
2ND H MAIN ROAD,
BENGALURU-560043.
2.
JOINT COMMISSIONER
BRUHAT BENGALURU MAHANAGARA PALIKE,
XJFT C29,
Digitally signed
by
NARAYANAPPA
LAKSHMAMMA
Location: HIGH
COURT OF
KARNATAKA
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NC: 2023:KHC:26807
WP No. 16359 of 2023
MAYO HALL ASHOK NAGAR,
BENGALURU-560001
3.
SPECIAL COMMISSIONER
BRUHAT BENGALURU MAHANAGARA PALIKE,
XH9Q FFC,
CORPORATION CIRCLE, N R SQUARE,
BENGALURU-560002
4.
DEPUTY FINANCE CONTROLLER
BRUHAT BENGALURU MAHANAGARA PALIKE,
16TH FLOOR, NEAR CANOPY RESTAURANT,
PUBLIC UTILITY BUILDING,
ASHOK NAGAR,
BENGALURU-560002
…RESPONDENTS
(BY SRI. PAWAN KUMAR., ADVOCATE FOR R1-R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO CONSIDER THE LEGAL REPRESENTATION DT.
24.02.2023 (ANNX-G) AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
The petitioner is before this Court seeking for the
following reliefs:
a. Direct
the
Respondents
to
consider
the
legal
representation dated 24.02.2023 (Annexure-G);
b. Direct the respondents to pay a sum of Rs.73,15,644/-
(Rupees Seventy-Three lakh Fifteen Thousand Six
Hundred and Forty-Four only) being the consideration
payable under the tender and supply order bearing
No.Ka.Paa
Aa/Sir/CVR/SA.
Aa/02/2021-22
on
17.05.2021 (Annexure-C) issued by respondent No.1
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The petitioner claims to have been allotted a contract
a work order in terms of a contract for setting up the
Covid Care Centre Covid-19 War Room which the
petitioner claims to have completed in terms of the
contract. Despite which payments have not been
made,
as
such
the
petitioner
submitted
a
representation on 24.2.2023 at Annexure-G which
has also not been considered.
Any representation submitted to the public authority
is required to be either accepted or rejected within a
reasonable time frame by giving reasons. The same
not having been done, I pass the following;
ORDER
i.
The writ petition is allowed.
ii.
A mandamus is issued, respondent No.1 is
directed to consider the representation dated
24.2.2023 at Annexure-G within a period of 30
days from the date of receipt of copy of this
order strictly in accordance with law after,
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verifying if the works having been completed as
per the contract.
Sd/-
JUDGE
SR
List No.: 1 Sl No.: 43
