Telangana High Court
Augh Sign., M/S.Meilsewmaytasbhel ... vs Prl Secy, Irrigation And Cadpw Dept, ... on 4 December, 2023
Author: B.Vijaysen Reddy
Bench: B.Vijaysen Reddy
HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA
PRADESH
FRIDAY, THE TWENTY SIXTH DAY OF DECEMBER,
TWO THOUSAND AND FOURTEEN
:PRESENT:
THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY
WP .NO: 39831 of 2014
Between:
M/s. MEIL-SEW-MAYTAS-BHEL Consortium
S-2, Technocrat Industrial Estate, Balanagar, Hyderabad.
Rep. by its Authorised Signatory, Mr. B. Srinivasa Reddy.
..... Petitioner
AND
1 The State of Telangana, represented by its Principal Secretary, Irrigation
& CAD (PW) Department, Secretariat Building, Hyderabad.
2 The Chief Engineer, Dr. Ambedkar Pranahita Chevella Sujala Sravanti,
I&CAD, Jalasoudha, Erramanzil, Hyderabad-500082.
3 The Superintending Engineer, I&CAD, Sripada Yellampally Project Circle,
Mancherial, Adilabad Dist., Telangana State.
4 The Executive Engineer, I&CAD, Gauging Division, LMD Colony,
Karimnagar District, Telangana State.
5 The Pay & Accounts Officer, Works & Projects, LMD Colony,
Karimnagar District, Telangana State.
.....Respondents
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed herein, the High Court may be
pleased to issue a Writ, Order or direction and more particularly one in the
nature of Writ of Mandamus, declaring the impugned memo No.3036/M&M1-T-
IV/2014, dated 24.04.2014 issued by the 1st respondent herein and the memo
No.CE/Dr. BRAPCSS/DEE-2/AEE-5/2014, dated 11-06-2014 issued by the 2nd
respondent herein as null and void and in violation of Article 14 and 19(i)(g) of
the Constitution of India and contrary to clause 49.4 of the terms of the
conditions of the agreement and consequently direct the respondents 3 to 5 not
to collect the interest on the mobilization advance during the extended period.
The petition coming on for hearing, upon perusing the Petition and the
affidavit filed herein and upon hearing the arguments of Sri K.V. Subba Reddy,
Advocate for the Petitioner and the learned Assistant Government Pleader for
Irrigation (Telangana State) for the Respondents, the Court made the following
ORDER:
Learned Assistant Government Pleader for Irrigation (Telangana State) takes notice for the respondents and seeks time for filing counter- affidavit.
Post along with W.P.No.36215 of 2014.
As per Clause- 49.4 of the agreement between the parties, if completion of work is delayed by circumstances beyond the control of the contractor for which an extension has been granted by the Executive Engineer/ Superintending Engineer, the interest charges on advances shall be waived for the period of extension.
Contd...2/P The respondents are allegedly seeking to recover interest based on Memo No.3036/M & MI-T-IV/2014, dated 24-04-2014, of respondent No.1, as reiterated by Memo No. CE/Dr.B.R.A.PCSS/DEE-2/AEE-5/2014, dated 11.06.2014, of respondent No.2.
Prima facie, these memos are contrary to the specific agreement condition. Therefore, the respondents are restrained from recovering interest on the mobilization advance from the petitioner during the extended period of contract, pending further orders.
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The Principal Secretary, Irrigation & CAD (PW) Department, State of Telangana, Secretariat Building, Hyderabad. 2 The Chief Engineer, Dr. Ambedkar Pranahita Chevella Sujala Sravanti, I&CAD, Jalasoudha, Erramanzil, Hyderabad-500082. 3 The Superintending Engineer, I&CAD, Sripada Yellampally Project Circle, Mancherial, Adilabad Dist., Telangana State. 4 The Executive Engineer, I&CAD, Gauging Division, LMD Colony, Karimnagar District, Telangana State. 5 The Pay & Accounts Officer, Works & Projects, LMD Colony, Karimnagar District, Telangana State. (Addressees 1 to 5 BY RPAD) 6 One CC to Sri K.V. Subba Reddy, Advocate (OPUC) 7 Two CCs to the G.P. for Irrigation (Telangana), High Court, Hyderabad.
(OUT) 8 Two CCs to the G.P. for Finance & Planning (Telangana), High Court, Hyderabad. (OUT) 9 One spare copy.
nnr HIGH COURT CVNR,J DATED: 26-12-2014 NOTE: Post along with WP No.36215 of 2014 ORDER W.P.NO. 39831 OF 2014 DIRECTION HIGH COURT Nnr Date of Drafting : 27-12-2014 CVNR,J DATED: 26-12-2014 NOTE: Post along with WP No.36215 of 2014 ORDER W.P.NO. 39831 OF 2014 DIRECTION