Calcutta High Court (Appellete Side)
Lokenath Builders Private Limited & Anr vs Rail Vikas Nigam Limited on 7 August, 2024
Author: Shampa Sarkar
Bench: Shampa Sarkar
07.08.2024
Sl. No.6(DL)
srm
W.P.A. No. 7712 of 2024
Lokenath Builders Private Limited & Anr.
Versus
Rail Vikas Nigam Limited,
Kolkata Project Implementation Unit & Ors.
Mr. Arunava Ghosh,
Mr. Puspal Chakraborty,
Ms. Srijita Nath
...for the Petitioners.
Mr. Avishek Guha,
Ms. Sonal Agarwal
...for the Respondent No.4.
In my prima facie opinion, the remaining amount of Rs.9,92,703/- should be paid by Rail Vikas Nigam Limited (RVNL), Kolkata to the petitioners. Such liability has been accepted by the respondent No.4/Gammon Engineers and Contractors Pvt. Ltd.
The question raised by Mr. Guha, learned Advocate for the respondent No.4/Gammon with regard to non-delivery of materials and entitlement of the respondent No.4 to prevent the principal employer from releasing the money, are beyond the scope of the writ petition. However, as Gammon appears to have a claim, the terms and conditions of the contracts/sub-contracts etc., are to be looked into.
2This Court is of the, prima facie, view that the petitioners may be directed to secure the amount, by maintaining the a like amount in any nationalised bank till the dispute with Gammon is solved. As it is the specific contention of Mr. Guha that the retention charges would be payable subject to return of materials, this Court finds that the Rail Vikas Nigam Limited, Kolkata must come back with specific instructions in this regard.
As the learned Advocate for the Rail Vikas Nigam Limited is not represented before this Court on the second occasion, as a last chance, let this matter appear on August 13, 2024.
(Shampa Sarkar, J.)