Akabea Infrastructures Pvt. Ltd. And Another v. Chief Engineer And Others

Rajasekhar Mantha, J.:— Learned counsel for the petitioners submits that the petitioner no. 1 has completed work of construction of RCC retaining wall of four meters height and length of 25 meters of Officers building issued by the Executive Engineer, Construction Division, APWD, Car Nicobar.

2. Reference is made to a communication dated 13 November, 2020 issued by the Executive Engineer that the petitioner no. 1 has completed the work. Learned counsel for the petitioners asks for payment for the work admittedly done.

3. Learned counsel for the respondents submits that monetary claims cannot be entertained or adjudicated in a writ proceeding.

4. This Court is reminded of the decisions of the Supreme Court in the case of ABL International Ltd. v. Export Credit Guarantee Corporation of India Ltd. reported in (2004) 3 SCC 553 and Joshi Technologies International INC. v. Union of India reported in (2015) 7 SCC 728 respectively.

5. If indeed the claim of the petitioner is undisputed and the amounts are quantified, nothing prevents the writ court from interfering and directing payment even of monetary claims.

6. In that view of the matter, let this matter stand adjourned and be listed on 28.07.2021.

7. The respondent-Executive Engineer shall furnish necessary instructions on the claims of the petitioner.

8. All parties are directed to act on a server copy of this order duly downloaded from the official website of this court.