2025 (5) TMI 927

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....al Debbarma, Advocate For the Respondent : Mr. Saktimoy Chakraborti, Advocate General, Mr. Bidyut Majumder, Deputy SGI, Mr. Karnajit De, Addl. G.A., Mr. Nepal Majumdar, Advocate, Mrs. Pinki Chakraborty, Advocate, Mr. Kushal Deb, Advocate ORDER Heard Mr. Somik Deb, learned senior counsel assisted by Mr. Pannalal Debbarma, learned counsel for the petitioner and Mr. Saktimoy Chakraborti, learned Advocate General representing the State and TSECL assisted by Mr. Nepal Majumdar, learned counsel. Mr. Bidyut Majumder, learned Deputy SGI represents the Union of India. 2. The writ petition was preferred with the following prayer: "i) Issue Rule, calling upon the official respondents and each one of them, to show cause as to why a....

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.....5 & 6, & (v) Rs.15,20,16,470/-, illegally and unlawfully withheld by the respondent Nos. 5 & 6 despite corresponding payment having been received from the respondent Nos.1 & 2, along with Interest at the rate of 24% per annum, on to each of the said amounts till the date of actual payment; vi) Call for the records appertaining to this writ petition; vii) After hearing the parties, be pleased to make the Rule Absolute in terms of (ii) above; viii) Costs of and incidental to this writ proceeding; ix) Any other Relief(s) as to the Hon'ble High Court may deem fit and proper." Petitioner approached this Court for payment of contractual dues. The claim arises out of execution of work under agreements dated 24.09....

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.... Additional Government Advocate appears for the State-respondents. Reference is made to the order dated 11.09.2024. Counter Affidavit has been filed thereafter by the contesting respondents-TSECL. Today when the matter has been taken up, at the outset a pointed query has been made to learned counsel for the respondents-TSECL Mr. Nepal Majumdar to categorically state as per the stand of the respondents-TSECL as to the admissible dues payable to the petitioner. On the basis of written instructions, learned counsel for the respondents-TSECL submits that an amount of Rs.8,56,96,761/- is admissible after carrying out all reconciliation exercises. He submits that apart from the above amount, an amount of Rs.3,95,58,450/- has alr....

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....ing of the Micro, Small and Medium Enterprises Development Act, 2006 ["Act of 2006", for short] at the time of execution of the contract. Now it is a medium enterprise. Therefore, petitioner is covered under the provisions of Act of 2006 Chapter V thereof specifically provides that the micro and small enterprises can approach the Micro and Small Enterprises Facilitation Council with regard to any amount due under Section 17 of the said Act. A detailed mechanism has been prescribed under Chapter V of the Act of 2006 for either settlement of the dispute between the parties or in case conciliation fails, for adjudication in terms of the provisions of the Arbitration and Conciliation Act, 1996. The Act is a beneficial piece of legislat....

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....88 crores. It is submitted that though a claim of Rs.54 lakhs has been raised on behalf of a worker of the petitioner alleged to have died during execution of the work, but for the time being since the claim has not been finally established or adjudicated, the said amount cannot be withheld from the petitioner though if the adjudication results in his liability, the petitioner will have to pay the amount adjudged or established. Therefore, the net payable amount for the present is Rs.7.88 crores. Learned Advocate General submits that rest of the claims enumerated by the petitioner, are in the realm of disputed claims. He further submits that as per his instruction, the admissible amount would be paid to the petitioner within a period of 45 ....