(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA) 1. Rule. Learned counsel Mr.D.R.Dave, appearing for the respondents, waives service.
2. The petitioner has approached this Court mainly with a prayer to direct the respondents to release payment of Rs.27,38,146/-, subject to such conditions as may be imposed by the Court. There is no dispute about the fact that the aforesaid amount is owed by the respondent concerned to the petitioner after successful completion of the work as per conditions of tender and has remained with the respondent as security deposit. As a ground for withholding refund of that amount, it is stated on oath by the Chief Engineer of respondent No.1 that there are so many civil litigations pending between the parties as also between the alleged partners of the petitioner and the respondents. The petitioner has filed Civil Suit No.215 of 2010 in the Court of learned Additional Senior Civil Judge, Ahmedabad (Rural) and the alleged partner of the petitioner has also filed Regular Civil Suit No.50 of 2010 wherein a declaration has been sought that the respondent should deposit with the Court the balance payment. Thus, it is alleged by the respondents that because of internal dispute of the petitioner and the alleged partners, the respondents herein have been unnecessarily dragged into litigations. It is also averred that because of pendency of civil cases, the respondents would be unnecessarily blamed and would be unnecessarily further dragged into litigations and hence, the payment in question as demanded by the petitioner is not released.
3. Thus, the respondents have no valid reason to withhold the amount, in absence of any order of competent court, and their apprehension of involvement in litigation is the only ground to justify withholding the amount. Therefore, it was submitted on behalf of the petitioner that he was prepared to execute necessary document of undertaking indemnifying the respondents from any liability so as to facilitate payment by the respondents. As no objection could be raised to release payment on condition of indemnifying the respondents, the petition is allowed, with the direction that the respondent concerned shall pay to the petitioner the amount of Rs.27,38,146/- by an account payee cheque, upon the petitioner executing and furnishing to the respondent an undertaking and indemnity bond to unequivocally and unconditionally return, partly or wholly, the amount received from the respondent, with interest at the commercial rate, which may be demanded by an officer authorized by PGVCL in that behalf, if any adverse judgment or order against PGVCL were received in future in any civil proceeding, subject to right of appeal of the parties. Rule is made absolute, with no order as to costs.
(KMG Thilake) Sd/-
( D.H.Waghela, J.) Sd/ ( Mohinder Pal, J.)