J U D G M E N T

The 3rd respondent awarded the work of providing external plant underground cables laying work to the 1st respondent. 1st respondent in turn, awarded the said works to the petitioner as per Exts.P1 and P2 work orders. Petitioner completed the work during 2004. From out of the bills submitted by the petitioner, 1st respondent recovered an amount of Rs.6,35,582/-. Petitioner subsequently made representations seeking the release of the aforesaid amounts. The amount was not released and therefore the writ petition is filed.

2. The stand taken by the 1st respondent is that the work was awarded by the 3rd respondent and the 1st respondent in turn appointed the petitioner as its contractor for completing the work. It is stated that in Exts.P1 and P2 work orders itself, the terms of payment were specified, which inter alia mentioned that running account bills shall be prepared for payment against the work carried out after joint check measurements and that payments will be released to the contractor after receipt of payment for ITI :2 :

bills for the related portion of the work executed from the BSNL authorities. According to them, it was also stated that the work shall be exe