M/S Maa Harisiddhi Infra Developers PVT. LTD And Ors vs. The Union Of INDIA And Ors

Held

The Court directed the respondents-TSECL to pay the admissible dues totaling approximately Rs. 7.88 crores to the petitioner within 45 days from the date of the order. This amount represents the undisputed dues after accounting for payments already made and amounts subject to technical clearance, as per the minutes of the meeting and the categorical stand of TSECL. The Court also granted the petitioner liberty to raise its remaining disputed claims before the Tripura Micro and Small Enterprises Facilitation Council, which has been duly constituted. The Court explicitly stated that it had not made any comments on the merits of the petitioner's claims. The writ petition was disposed of in terms of these directions.

Facts

M/s Maa Harisiddhi Infra Developers Pvt. Ltd. (the petitioner) filed a writ petition seeking payment of outstanding dues for rural electrification works executed under several agreements with Tripura State Electricity Corporation Limited (TSECL). The petitioner claimed several amounts, including admitted dues, liquidated damages withheld, GST withheld, and other amounts due to erroneous calculations. TSECL, in its counter affidavit, stated that an amount of Rs. 8,56,96,761/- was admissible after reconciliation, and Rs. 3,95,58,450/- had already been paid. A meeting held on July 18, 2024, indicated net payable dues of Rs. 14,69,87,553/-, with Rs. 2,86,78,504/- subject to technical clearance. The petitioner is a Micro, Small and Medium Enterprise (MSME). The State of Tripura confirmed the constitution of a Micro and Small Enterprises Facilitation Council.

Key Issues

1. Whether the respondents-TSECL should be directed to pay the admitted outstanding dues to the petitioner, and if so, what is the quantum of such undisputed dues? 2. Whether the petitioner, being an MSME, can raise its disputed claims before the Micro and Small Enterprises Facilitation Council? Petitioner's arguments: The petitioner argued that the work was executed satisfactorily and completion certificates were issued, yet outstanding dues were not being paid. They relied on the minutes of the meeting dated July 18, 2024, which indicated admitted net payable dues of Rs. 14,69,87,553/-, and prayed for payment of admissible dues. They also sought liberty to raise disputed claims before the Facilitation Council. Revenue/State's arguments: The respondents-TSECL, through their counsel, stated that Rs. 8,56,96,761/- was admissible after reconciliation, and Rs. 3,95,58,450/- had already been paid. They further clarified that the undisputed amount payable was Rs. 7.88 crores after accounting for amounts subject to technical clearance and a potential claim from a worker. They submitted that the petitioner could raise disputed claims before the Facilitation Council, which has been constituted in Tripura.