M/ S V.K. Aggarwal And Another vs State Of Uttarakhand And Others

Alok Kumar Verma, J

The present Writ Petition has been filed under Article 226 of the Constitution of India with the following prayers: -

“a) Issue a writ, order or direction in the nature of Mandamus commanding the respondents to release the payment of extra and access items amounting to Rs. 70,42,241.10 (Rs. Seventy Lakh Forty Two Thousand Two Hundred Forty One and Ten Paisa only) to the petitioners alongwith the interest @ 18% per annum from the date of completion of the contract i.e. on 11.12.2018 and also release the hold amount of Rs. 19,49,004/ -(Rs. Nineteen Lakh Forty Nine Thousand and Four only) alongwith interest @ 18% per annum w.e.f. the date of completion of work i.e. 11.12.2018.

b) Issue a writ, order or direction in the nature of Mandamus commanding the respondents to pay the retention money amounting to Rs. 47,93,765/ - (Rs. Forty Seven Lakh Ninety Three Thousand Seven Hundred Sixty Five only) which was deducted from the respective/ concerned running bills with 18% interest from the date of expiry of the Defect Liability Period.

c) Issue any suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of this case.

d) Award the cost of writ petition to the petitioners.”

Heard Mr. Suryakant Maithani, learned counsel holding brief of Mr. Shubhang Dobhal, learned counsel for the petitioners, Mr. Bhupendra Singh Koranga, learned Brief Holder for the State and Mr. Rajesh Sharm a, learned Standing Counsel for the respondent no.2.

Mr. Bhupendra Singh Koranga, Brief Holder, for the State submitted on instruction that the entire dues shall be paid to the petitioners within three months from today.

After the said submission, on the request of learned counsel for the petitioners and with the consent of learned counsel for the respondents, the present writ petition is disposed of accordingly.