THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NO.24577 of 2021
O R D E R:
01. The present Writ petition is filed making the direction to first respondent for releasing the payment of Rs.24,22,436/- in respect of work done ie., "Reconstruction of five numbers of slab culverts at Km 8/2, 10/4, 11/6, 12/4, 13/8 of Siripalli-Munipalli". Respondents have paid the amounts. Counsel for petitioner submitted that the first respondent may be directed for the payment of interest.
02. Counsel for Respondents would submit that relying on the Judgment of the Honourable Court, Writ Appeal No.461 of 2022 dated 02-12-2022 Division Bench of this Honourable Court directed the Writ petitioners there in to avail the proper remedy which is available as per the Agreement. The relevant part is Para 21 extracted as follows:
Para No.21: "But in the case of this nature, where the agreement specifically bars payment of interest on certain sums and the same has been agreed by the writ petitioners with eyes wide open after understanding the terms of the agreement, interest cannot be awarded de hors and contrary to clause 43 of the Conditions of Contract.".
03. In view of the same, the present Writ Petition is disposed of directing the petitioner herein to avail appropriate proceedings before Appropriate Court; finally this Writ petition is disposed of.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
_______________________________ JUSTICE T.RAJASEKHAR RAO Date: 05.12.2022 GRL 121 THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WP. No. 24577 of 2021 Date: 05-12-2022 GRL