Magha Engineering And Infrastructures ... vs The Cauvery Neeravarinigama Ltd on 4 February, 2016

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Karnataka High Court

Magha Engineering And Infrastructures ... vs The Cauvery Neeravarinigama Ltd on 4 February, 2016

Bench: Ashok B. Hinchigeri

                                   1




   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 4TH DAY OF FEBRUARY 2016

                              BEFORE

     THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI

         WRIT PETITION No.28559 OF 2015(GM-RES)

BETWEEN :

Magha Engineering & Infrastructures Ltd.
(Lead Member of MEIL-IVRCL JV)
Having its Regd. Office at
S-2, T.I.E.Balanagar,
Hyderabad - 37,
Represented by its Associate Vice President
Mr.T.V.Sudheer Mohan,
S/o.Mr.N.Vasudevan Pillai,
Aged 45 years, R/o.No.10, 1st Floor,
3rd Main, 2nd Cross,
Vyalikaval,
Bangalore - 03.                                  ... Petitioner

                (By Sri M.B.Naragund, Senior Counsel
                  for Smt.Sona Vakkund, Advocate)

AND:

1. The Cauvery Neeravarinigama Ltd.
(A Government of Karnataka Undertaking)
Represented by Managing Director,
Situated at 3 & 4th Floor,
Surface Water Data Centre Building,
Anandrao Circle,
Bangalore - 560 009.
                                    2




2. The Chief Engineer,
Cauvery Neeravari Nigam Limited,
Irrigation (South)
Mysore - 570 024.

3. The Superintending Engineer,
Cauvery Neeravari Nigam Limited,
Kabini & Varuna Canal Circle,
Mysore - 570 024.

4. Executive Engineer,
Cauvery Neeravari Nigam Limited,
Kabini Canals Division,
Nanjangud - 571 301.                              ...Respondents

            (By Sri K.S.Bheemaiah, Advocate for R1 & R4:
               R2 and R3 are served and unrepresented)

      This writ petition is filed under Articles 226 and 227 of the
Constitution of India praying to direct the respondent to release the
amount due to the petitioner as per law forthwith, etc.

     This writ petition, coming on for preliminary hearing in 'B'
Group, this day, the Court made the following:

                            ORDER

Sri M.B.Naragund, learned Senior Counsel appearing on behalf of the petitioner submits that the petitioner would be content if this petition is disposed of with a direction to the respondent Nos. 1 and 2 to consider the petitioner's representation, 3 dated 17.06.2014 (Annexure-K2) for the release of the withheld amounts.

2. Sri K.S.Bheemaiah, learned counsel for the respondents submits that the amounts are withheld pursuant to the audit objections.

3. This petition is disposed of with a direction to the respondents to consider the petitioner's said representation in accordance with law and as expedites as possible and in any case within an outer limit of two months from the date of the issuance of the certified copy of today's order. No order as to costs.

Sd/-

JUDGE Cm/-

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Karnataka High Court