By the impugned order, the petitioner was asked to give the bank guarantee. Though the contentions have been raised substantially on merit, in view of the agreement between the learned counsel for the parties only for the purpose of disposal of the Writ Petition, they have not gone into. There appears to be a dispute between the parties with respect to the quantum of amount, incidentally there is another issue with respect to the provision of Software -MS-Excel format.
2.The learned Additional Advocate General, on the last hearing would submit that out of the total amount payable, according to the respondents, after withholding the amount corresponding to the bank guarantee, which the petitioner is supposed to furnish a further sum of Rs.2,63,98,258/- would be given in favour of the petitioner for the work done. It is further submitted that in the eventuality, the petitioner will have to provide Software as required by the respondents with respect to the installation made.
3.The learned Senior counsel appearing for the petitioner would submit that the aforesaid amount would be paid, as there is no difficulty in providing the software as stated in para 6 of the reply affidavit. The learned senior counsel would further submit that the withholding of amount corresponding to the bank guarantee would be subject to the furnishing the bank guarantee by the petitioner.
4.Considering the above, Writ Petition stands disposed of without going into any of the contentions on merit. Accordingly, the respondents are directed to pay a sum of Rs.2,63,98,258/-(Rupees Two crores sixty three lakhs ninety eight thousand two hundred and fifty eight only) in favour of the petitioner, on receipt of the software as required by them.
5.The petitioner undertakes to make the software available within a week's time. If it is done, the payment as undertaken by the learned by the learned Additional Advocate General, within further period of two weeks.
M.M.SUNDRESH,J pbn/ms
6. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.
07.06.2017 Index: Yes/ No pbn/ms To
1.The Chief Engineer (Protection and Communication), TNEB Complex, No.144, Anna Salai, Chennai 02.
2. The Superintending Engineer, D (Protection & Communication) L.D. Center, TNEB Complex, No.144, Anna Salai, Chennai 02.
W.P.No.2591 of 2017 http://www.judis.nic.in