M/S Eastern Eletrical Co. vs. The State Of Nagaland And 4 Ors

Held

The Court noted that the Government Advocate conceded that the work in question had been executed and a completion certificate had been issued. The Court found no significant dispute regarding the execution of the work. Therefore, the Court directed the concerned authorities, specifically respondent Nos. 2 (Finance Commissioner) and 4 (Chief Engineer, Police Engineering Project), to consider the petitioner's representation dated June 17, 2021. The Court ordered that these respondents shall examine the representation and the facts pertaining to the execution of the work. If found satisfactory, they are to release the outstanding bill due to the petitioner without further delay. This exercise was to be completed within six weeks from the date of the order. The Court did not expressly leave any issue undecided.

Facts

The petitioner, M/s Eastern Electrical Company, a registered contractor, was issued a work order by the Executive Engineer (Elect), Police Engineering Project Division, Kohima, Nagaland, on April 6, 2021, for internal electrification of Type-1 Quarter at P.S. Pungro, Kiphire. The work order amount was Rs. 4,48,478.00. The petitioner claims to have satisfactorily completed the work, evidenced by a completion certificate issued by the Superintendent of Police, Kiphire, on April 17, 2021, and an electricity connection certificate. The petitioner submitted a representation on June 17, 2021, to the Chief Engineer, Police Engineering Project, for clearance of the bill, but the amount remained unpaid. Consequently, the petitioner filed a writ petition seeking a direction for payment of the outstanding bill.

Key Issues

1. Whether the respondents are liable to pay the outstanding bill of Rs. 4,48,478/- to the petitioner for the satisfactorily completed electrification work, as per the work order dated April 6, 2021, and subsequent completion certificate. Petitioner's Arguments: The petitioner argued that they had successfully executed the work as per the work order and obtained a completion certificate and electricity connection. They contended that the respondents were obligated to pay the bill amount for the completed work. Respondents' Arguments: The Government Advocate acknowledged that the records indicated the work had been executed and a completion certificate issued. They submitted that there was no significant dispute regarding the execution of the work and suggested that a direction be issued to the concerned authorities to verify the genuineness of the claim and consider payment if found satisfactory.