Supreme Court - Daily Orders
M/S Utkal Highway Engineers And ... vs Chief General Manager on 12 September, 2022
Bench: Sanjay Kishan Kaul, Abhay S. Oka
ITEM Nos.6+62 COURT NO.3 SECTION XI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 15596/2022
(Arising out of impugned final judgment and order dated 05-01-2022
in WP(C) No. 16899/2010 passed by the High Court Of Orissa At
Cuttack)
M/S UTKAL HIGHWAY ENGINEERS AND CONTRACTORS Petitioner(s)
VERSUS
CHIEF GENERAL MANAGER & ORS. Respondent(s)
(FOR ADMISSION)
ITEM No.62
Petition(s) for Special Leave to Appeal (C) No(s). 14350/2022
(IA No.104337/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT)
Date : 12-09-2022 These petitions were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
HON'BLE MR. JUSTICE ABHAY S. OKA
For Petitioner(s) Mr. Avijit Patnaik, Adv.
Ms. Shuvra Mohapatra, Adv.
Ms. Bhabna Das, AOR
Mr. Sarvavid Pradhan, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Learned counsel for the petitioner states that shortfall penalty amount of Rs.20,00,000/- was retained by the respondent(s) Signature Not Verified and the petitioner filed a writ petition in the year 2010. No Digitally signed by RASHMI DHYANI Date: 2022.09.13 10:58:21 IST Reason: counter affidavit was filed till the year 2021 i.e. for 11 years. 1 It is his say that the petitioner has approached the respondent(s) on many occasions and even extension of time was granted on completion of work, if the work was not upto the level, the contract would have been terminated but instead the period of contract was extended as well as the quantity up to 132%. Issue notice.
A copy of the order to accompany notice.
Special Leave to Appeal (C) No(s). 14350/2022 Application seeking exemption from filing C/C of the impugned judgment is allowed.
Learned counsel for the petitioner states that the issue is only of reimbursement of service tax as when the contract was entered into there was no such provision for this tax and in similar cases reimbursement has been granted as apparent from Annexure P-15 (Pages 81 to 83).
Issue notice.
A copy of the order to accompany notice.
(RASHMI DHYANI PANT) (POONAM VAID)
COURT MASTER COURT MASTER
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