Calcutta High Court
Architecture Pvt. Ltd vs Mackintosh Burn Ltd on 22 July, 2013
Author: Patherya
Bench: Patherya
ORDER SHEET
GA No. 1762 of 2013
CS No. 197 of 2013
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
RDG INTERIOR DECORATION EXTERIOR
ARCHITECTURE PVT. LTD.
Versus
MACKINTOSH BURN LTD.
BEFORE:
The Hon'ble JUSTICE PATHERYA
Date : 22nd July, 2013.
Mr. Bikash Ranjan Bhattacharya, Sr.Adv.
Mr. Probal Mukherjee, Adv.
Mr. Rajat Dutta, Adv.
Mrs. Sanjukta Ray, Adv.
...for the petitioner
Mr. Utpal Bose,
Mr. Arnab Chakraborty, Advs.
...for the respondent
The Court : In a suit for a money decree, this application has been filed for interim relief.
The case of the petitioner is that it was entrusted to carry out construction work by the defendant pursuant to notice inviting tender dated 2nd September, 2011. Payment was to be made against running account bills and although a termination notice has been issued to the petitioner by the respondent, payment is outstanding. Therefore all that is 2 sought is payment of balance dues and measurement of the works completed.
Counsel for the respondent submits that on 14th May, 2013 GTFS Multi Services Pvt. Ltd. and NBCC have been handed over the said premises. The total value of works to be completed by the petitioner aggregated to Rs. 3.40 crores, out of which Rs. 3.33 crores has already been paid. Some of the works done by the petitioner in respect of glass fire door and wooden door is not acceptable. The respondent is no longer at the said site as the same has been handed over to GTFS Multi Service and NBCC, both of whom are not parties to the proceedings. Therefore no order be passed on this application.
Having considered the submissions of the parties, the petitioner was engaged by the respondent to complete the works set out in the work order. After commencement of the work, a termination notice was issued and the work order of the petitioner terminated. The site has been handed over in the condition as it existed to GTFS and NBCC, owners of the said premises. Therefore no third party has been assigned with the said works covered by the petitioner's work order, and for the ends of justice and for the benefit of both parties, measurement ought to be undertaken to ascertain the works done by the petitioner. For such purpose, Mr. Ramesh Sharma, Advocate, 1st floor, Bar Library Club is 3 appointed Special Officer to take measurement of the works done by the petitioner including work nos. 16 and 19. The Special Officer will submit his report on the next date of hearing. For such purpose, the Special Officer will be at liberty to appoint an Architect from the Panel of Architects of this High Court. Cost of the Architect be borne by the petitioner at the first instance. The Special Officer will be entitled to a remuneration of 300 Gms. to be paid by the petitioner.
By letter dated 10th April, 2013 the respondent had requested the petitioner to remove all construction materials not used. Counsel for the petitioner submits that as per the said letter it is ready and willing to remove the said materials under the supervision of the Special Officer appointed. Accordingly, let such construction material as may be found lying in the said premises be removed by the petitioner under the supervision of the Special Officer and in the presence of the representative of the respondent. Let the removal of the material, if any, so also the measurement be made in the presence of the representatives of all parties including GTFS Multi Services Pvt. Ltd. and NBCC.
Directions are given for filing affidavits.
Affidavit-in-opposition be filed within three weeks from date; reply thereto, if any, be filed within a week thereafter. Matter to appear in the list five weeks hence.
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All parties concerned are to act on a signed photocopy of this order on the usual undertakings.
(PATHERYA, J.) TR/