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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mrs. J. Nisha Banu, Mr. 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
| Table of Content |
|---|
| 1. disputed payments must honor existing contracts. (Para 2 , 3) |
| 2. res judicata applies to ensure finality in disputes. (Para 4 , 5 , 12) |
| 3. article 226 jurisdiction permits recovery of undisputed amounts. (Para 21 , 22) |
| 4. mandatory payment obligations must be fulfilled without undue conditions. (Para 29 , 30) |
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 W
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