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Judgment
The petitioner is a contractor, who has been awarded the work as per Ext.P1 selection notice dated 06.11.2020. Towards the Performance
Guarantee and Additional Performance Guarantee, petitioner has requested for adjustment of Ext.P2 bill, submitting Ext.P3 and Ext.P4 representation
producing bill.
It is stated that, the 4th respondent thereupon forwarded Ext.P2 representation, along with the bill note as per Ext.P4 letter to the 3rd respondent.
As per Ext.P5 letter, the representation has been rejected stating that, as per Ext.P6 Government Order, the pending bill amount would be accepted as
guarantee for new works being awarded, only on the basis of indemnity certificate issued only in EMLI application on the bills registered from
01.04.2020 onwards.
The learned counsel for the petitioner points out that, this Court has in various judgments allowed manual adjustment of bills since the EMLI
application is not in operation.
Heard the learned Government Pleader also. It is not disputed that, EMLI application is not working. Therefore Ext.P6 is set aside. There shall be a
direction to the 3rd respondent to reconsider the request of the petitioner and to take appropriate steps for the adjustment of the bills as requested by
the petitioner against the Performance Guarantee as well as Additional Performance Guarantee within a period of two weeks.
In case the EMLI application is not rectified, the respondents shall see that, the bill is adjusted manually. Corresponding extension shall be given to
the petitioner to execute the Agreement and to commence the work.
This Writ Petition is disposed of accordingly.