HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 3607 OF 2023

O R D E R:

This Writ Petition challenges that action of the respondents in withholding Rs.20,00,888/- despite making innumerable representations. Consequently, petitioner seeks a direction to release the said amount with interest at 24% per annum from the date the amount fell due.

2. Petitioner, it is stated, had successfully and satisfactorily executed the works, details of works, date of completion, last date of defect liability have been mentioned in paragraph 3 of the affidavit, by entering into corresponding agreements, duly depositing amount towards final security deposit which has to be returned in terms of Clause 42.3.1 of the Agreement. In terms of the above clause, the defective liability period of 24 months is also over, however, respondents, have been dodging the payments for no reason. In fact, petitioner is stated to have submitted umpteen number of representations, both oral and written, the latest being the one dated 07.10.2022 requesting release of amounts, however, respondents are not acting upon the same.

3. This Court, by order dated 08.02.2023, recording the submission made by learned Assistant G