IN THE HIGH COURT OF JUDICATURE AT MADRAS
J. Nisha Banu, M. Jothiraman, JJ
The Chief Engineer, (A/C)TWAD Board, The Superintending Engineer TWAD Board, The Executive Engineer TWAD Board Sewerage Division Pollachi – Appellant
Versus
M/s.Subaya Constructions Co Ltd, Rep. by its Director Mrs.S.Meenakshi – Respondent
JUDGMENT
J.Nisha Banu J.
The Respondents in the Writ Petition in W.P.No.2673/2023, aggrieved by the Order dated 16.10.2024 are on Appeal before this Court.
2. The Writ Petition was filed by the Respondent/Contractor to release the withheld amount and other pending Bills as per contract with interest at the rate of 24% from the date of passing the respective running account bills, within a period stipulated. The Writ Court by Order dated 16.10.2024 observing that the Appellant/TWAD Board has to prepare the supplementary proposal and proceed further in the manner known to law, held that the Writ Petitioner/Contractor is entitled for the amount which it must be allowed to receive, after execution of work in the contract which has to be quantified by the authorities within a period of 3 months.
3. The Appellants assailed the Order of the Writ Court contending that the Writ Petition involves disputed questions of facts and issues and as per decision of the Supreme Court in the case of Noble Resources [(2006) 10 SCC 236] and in the case of Bharat Coking Coal Limited [ (2020) 16 SCC 759 ] and the Division Bench Judgement of the Allahabad High Court in the case of M/s. Bio Tech Systems [(2020

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