M/S Tirumala Constructions vs The Government Of Andhra Pradesh
2022 Latest Caselaw 9308 AP

 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

THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

WP. No. 24577 of 2021

Date: 05-12-2022

GRL