1 2025:CGHC:21513 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2311 of 2025 1 - M/s R.K. Transport And Constructions Limited A Company Incorporated Under The Provisions Of The Companies Act, Having Its Office At Hig-7, Shankar Nagar, Raipur- 492001, Through Its Authorized Signatory Sushil Singhal, S/o Shri Satyanarayan Agrawal, Aged About 52 Years, R/o L16, Swarnabhoomi, Raipur - 492001 --- Petitioner(s) versus 1 - South Eastern Coalfields Limited Through The Chairman Cum Managing Director, Secl Bhawan, Seepat Road, Bilaspur (C.G.)- 495006 2 - The General Manager (Cmc) South Eastern Coalfields Limited, Secl Bhawan, Seepat Road, Bilaspur (C.G.)- 495006 3 - The General Manager South Eastern Coalfields Limited, Secl, Bhatgaon Area, District- Surajpur (C.G.)- 497235 4 - The Staff Officer (Mining) South Eastern Coalfields Limited, Secl Bhatgaon Area, District- Surajpur (C.G.)- 497235 5 - The Area Finance Manager South Eastern Coalfields Limited, Secl Bhatgaon Area, District- Surajpur (C.G.)- 497235 --- Respondent(s) Digitally signed by GOPAL SINGH Date: 2025.06.03 17:00:47 +0530 2 For Petitioner : Shri Kshitij Sharma, Advocate For Respondents : Shri Pankaj Singh, Advocate Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 07/05/2025 1. This petition has been filed challenging the inaction and omission in the conduct of the respondents in releasing the additional performance securities in accordance with Clause 4.5 of the General Conditions of Contract despite repeated representations and requests made by the petitioner. The work was completed on 28.7.2024 and there is no dispute whatsoever regarding the quality or quantity of the works executed or of the number of invoices raised. Notwithstanding the same, the respondents have unjustifiably withheld the release of the petitioner’s additional performance securities till date. The petitioner has written various letters dated 21.10.2024, 16.12.2024, 29.1.2025 and 31.3.2025 to the respondents for release of additional performance securities, however, the respondents have not acted upon it. The petitioner is suffering immensely because of a lack of steady flow of funds since the respondents have failed to release the additional performance securities due to the petitioner. 2. Learned counsel appearing for the petitioner submits that the petitioner has completed the assigned transportation work, however, despite completion of the said work, final order in 3 respect of completion of the work has not been passed in favour of the petitioner due to which the petitioner is facing difficulties and due to the aforesaid act of the respondents authorities final payment as well as additional performance securities amounting to Rs.29,556,401.00 and Rs.11,822,561.00 are lying pending before the concerned authorities for which the petitioner is entitled. Since the final closure has not been passed, the petitioner is deprived of the said amounts. 3. In view of the facts and circumstances of the case, the respondents authorities are directed to consider the case of the petitioner in terms of Clause 4.5 of the General Conditions of Contract and to pass appropriate orders within 45 days from the date of production of a copy of this order. 4. With the aforesaid observations and directions, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh