Manipur High Court
L. Nabinchandra Singh vs State Of Manipur & 2 Ors on 26 November, 2021
Item No. 59
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 363 of 2021
L. Nabinchandra Singh .
....Petitioner
-Versus-
State of Manipur & 2 Ors ....Respondents
BEFORE
HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR
(Video Conference)
26.11.2021
Heard Mr.N.Surendrajit, learned counsel for the
petitioner as well as Ms.Monomala, learned GA appearing on
behalf of the State respondents.
The petitioner is a registered 1st Class Government
Contractor and he was awarded to execute a work of contract of
construction of C.C.Retaining Wall along Imphal River R.B.B under
Flood Scheme of Imphal River R.B.B from Old Thumbuthong to
Sapam Leikai Mapa at the estimated cost of Rs.28,65,392/- on the
condition that the work should be completed within 45 (forty five)
days by work order dated 27.12.2008. The petitioner was again
awarded the work of strengthening of Imphal River R.B.B at an
estimated cost of Rs.3,11,835/- by another work order dated
5.1.2009. The petitioner completed the work. However, the
respondents are yet to make payment to the petitioner.
Having no alternative the petitioner filed WP(C)
No.765 of 2014 before this Court praying for a direction to the
respondents to release the pending bills within a stipulated period.
This Court by order dated 26.09.2014 disposed of the
WP(C) No.765 of 2014 as under:
" Heard Mr.Tamphamani, learned counsel for the
petitioner as well as Mr.Y.Ashang, learned G.A appearing
for the State respondents.
It is submission of the learned counsel for the
parties that the present writ petition is squarely covered by
the judgment and order of this Court dated 13.11.2013
passed in WP(C) No.774 of 2013, a copy of which has
been placed at the time of hearing.
In the above factual backdrop, this writ petition is
disposed of with the following directions:
(i) The claim of the petitioner for payment of
undisputed outstanding bills have to be
verified by the Chief Engineer or the
Executive Engineer authorized by the Chief
Engineer.
(ii) The said verification should be completed
within a period of 3 (three) months from the
date of receipt of certified copy of this order,
and
(iii) After verification of the undisputed amount
payable to the petitioner, the same shall be
released in favour of the petitioner in
accordance with seniority in completion of
work.
With the above directions, the writ petition is
disposed of."
As the respondents failed to comply with the order
dated 26.9.2014 passed in WP(C) No.765 of 2014 the petitioner
has filed the present petition for passing appropriate order for
implementation of the earlier order dated 26.9.2014 passed in
WP(C) No.765 of 2014.
Ms.Monomala, learned GA submits that she has
nothing to comment and this Court may pass appropriate order.
Accordingly, this writ petition is disposed of by
directing the respondents to comply with the order dated 26.9.2014
within a period of 3 (three) months from the date of receipt of a
copy of the order of this Court. On the failure of the respondents to
comply with the order passed today, the respondents shall pay
interest @ of 7% per annum against the undisputed amount
payable to the petitioner from the expiry of the 3 (three) months as
indicated hereinabove till making the final payment.
With the above observations and directions, the writ
petition is disposed of.
Furnish a copy of this order to learned counsel for the
parties through their respective emails/WhatsApp.
JUDGE
RAJKUMAR
Digitally signed by RAJKUMAR PRIYOJIT SINGH
DN: c=IN, o=High court of manipur, ou=HIGH COURT OF
MANIPUR,
Priyojit pseudonym=f4c2dc1e6523287d7191474520fdea810aea3dbd3
PRIYOJIT SINGH
892667382727c0bc7feaada, postalCode=795002, st=MANIPUR,
serialNumber=4b3fb011d5ab7a48771e2ed5a0b5b95e75ce0a5
8008f265840361e8df078740f, cn=RAJKUMAR PRIYOJIT SINGH
Date: 2021.11.26 13:34:10 +05'30'
