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ii. The present Respondent No.2 as petitioner therein had filed MSEFC Case No.35/2017 against the Chief Operating Officer, Southco Utility. Alleging therein that the management of Southco Utility had placed three numbers of work order on National Small Industries Corporation Ltd. (NSIC Ltd.) vide Work Order No. 14732 dated 24.11.2014, Work Order No.14733 dated 24.11.2014 and Work Order No.14734 dated 24.11.2014 respectively. Thereafter, M/s Maa Bhairabi Traders had been awarded the work orders by NSIC vide Letter No. NSIC/BAM/SUB-BR/Maa Bhairabi/14-15/0363, dated 3.12.2014 of Branch Manager. NSIC, Berhampur being a registered MSME vendor for execution.

iii. Soon after receipt of the said work orders from NSIC, the petitioner started execution of work assigned against package IV and package V of work order under the guidance, supervision and direction of the Engineer-in-charge and Project Manager. In spite of some field problems in conducting Designation: AR-CUM- SR. SECRETARY Location: ORISSA HIGH COURT, CUTTACK Date: 18-Feb-2025 17:31:36 joint verification by various inter departmental officers and delayed support of Southco Utility for resolving the site problem, M/s Maa Bhairabi was able to execute the said two package of works after expiry of scheduled completion period and the said line was energised on 8.8.2015. Accordingly, it is submitted that the entire newly constructed asset was handed over and taken over by the Southco Utility as per the formality of the work order.

iv. Thereafter, M/s Maa Bhairabi submitted its invoices to NSIC and consequently NSIC submitted the invoices to Project Manager, Southco Utility. In response, an advance payment against NSIC for the amount of 32,16,840/- was released on 6.11.2015 through RTGS. Thereafter NSIC released the amount of Rs.31,33,492/- in favour of M/s Maa Bhairabi after deducting statutory taxes and duties of Rs.83,348/-. But an amount of Rs.13,11,823/- was kept pending by Southco Utility without showing any reason at the time of release of payment. v. Further, due to non-support for joint survey, revised bill of quantity and single line diagram according to route alignment against pending package VI of work order, the work of package VI was hampered. Due to delayed execution of work of package VI of work order, M/s Maa Bhairabi had purchased and deployed materials to the site to the tune of Rs. 24,82,894/- which remained unutilized and suffered severe depreciation of materials and thereby cost escalation occurred.

vii. As being noticed by the MSEFC, Cuttack the Appellant appeared in this case and filed his written objection denying the averments made in the claim petition. The Appellant (Opposite Party in the MSEFC below) in his written objection has stated that at no point of time any work orders have been placed with the respondent No.2 by Southco and all the work orders have been placed with the NSIC Ltd. with different terms and conditions. Accordingly, as per the work order placed by the NSIC Ltd., the respondent No.2 has executed the work. It was also brought to the notice of the council that as against the invoice raised by the claimant through NSIC for execution of his works, an amount of Rs. 31,33,492/- has already been released in favour of the respondent No.2 by deducting statutory dues and taxes amounting to Rs.83,348/-. As the respondent No.2 had not complied with the observations of the Engineer-in-charge and Project Manager, an amount of Rs.13,1 1,823/- has been kept and the same shall be released after compliance of the observations. viii. That on 19.1.2019 in its 64th sitting it is alleged that the MSEFC conducted a hearing and passed an order without considering the matter in its proper perspectives, without going through Designation: AR-CUM- SR. SECRETARY Location: ORISSA HIGH COURT, CUTTACK Date: 18-Feb-2025 17:31:36 the factual aspect of the case and without applying its judicial mind and sans any suitable reasons observed that M/s Maa Bhairabi has approached the present Appellant for amicable settlement but the Appellant did not pay any attention to it, therefore the Appellant is liable to pay the legitimate outstanding dues of M/s Maa Bhairabi. Accordingly it was directed that the present Appellant would pay the principal amount of Rs.39,62,511/- and interest claim of Rs.44,67,254/- calculated up to 31.7.2017 as per Section 15 & 16 of MSMED Act, 2006 and further compound interest with monthly rest shall be payable at three times of bank rate as notified by the Reserve Bank of India from time to time till realization of the dues.