Page No.# 1/4 GAHC010283612023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7380/2023 JYOTI FORGE AND FABRICATION PVT LTD (A PRIVATE LIMITED COMPANY), REGISTERED OFFICE - COL. J. ALI ROAD, LAKHTOKIA, GUWAHATI-781001, DIST-KAMRUP (M), ASSAM REPRESENTED BY ONE OF ITS DIRECTORS - BASANT KUMAR PATNI (AGE 68 YEARS), S/O LATE PHOOL CHAND JAIN, R/O FIRST FLOOR, PUJA APARTMENT, S.C. GOSWAMI ROAD, PANBAZAR, GUWAHATI-781001, DIST- KAMRUP (M), ASSAM VERSUS THE UNION OF INDIA AND 2 ORS REPRESENTED BY THE GENERAL MANAGER, N.F. RAILWAY, MALIGAON, GUWAHATI 2:THE DIVISIONAL ENGINEER-III N.F. RAILWAY LUMDING ASSAM 3:THE DIVISIONAL RAILWAY MANAGER (WORKS) N.F. RAILWAY LUMDING ASSA Advocate for the Petitioner : MR. M BISWAS, S K DAS Advocate for the Respondent : DY.S.G.I., MR. K GOGOI Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 13.02.2025 Heard Mr. M. Biswas, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned CGC for all the respondents. 2] This writ petition is filed by the petitioner seeking a direction to the respondents to release an amount of Rs.9,20,559/- (Rupees Nine Lakhs Twenty Thousand Five Hundred and Fifty Nine only) in respect of the Price Variation Clause Bill which has been raised in connection with the work allotted to the petitioner. The petitioner was awarded the work of “Track welding of steel plate girder bridges including painting bridge pathway, trolley refuge and other related work between LMG-CNE sections under the jurisdiction of DEN/III/LMG in connection with LMG-SCL GC project” vide contract agreement No.SE/52 dated 23.03.2017 by the NF Railways. In view of the Price Variation Clause Bill available in the contract agreement dated 23.03.2017 executed by and between the parties, the petitioner raised the Price Variation Clause Bill with an amount of Rs.9,20,559/- (Rupees Nine Lakhs Twenty Thousand Five Hundred and Fifty Nine only) in respect of the said work. According to the petitioner, in response to an RTI application filed before the competent authorities, the reply issued Page No.# 3/4 regarding the outstanding bill under the Price Variation Clause, which reflects that the amount of Rs. 9,20,559/- (Rupees Nine Lakhs Twenty Thousand Five Hundred and Fifty-Nine only) is acknowledged by the NF Railways. However, they have declined to release the payment. 3] The respondents no. 1, 2 & 3 have filed affidavit-in-opposition contesting the case projected by the petitioner. 4] During the course of the hearing, learned CGC appearing for the NF Railways submits that the grievances of the petitioner with regard to the claims made towards the Price Variation Clause Bill raised can be examined by the Railway Authorities and therefore, the matter can be disposed of with a direction to the NF Railway Authorities to examine the claims provided the petitioner furnished all the relevant documents within the specific time. 5] The submissions made by the learned CGC are not objected to by the learned counsel for the petitioner. 6] Learned counsel for the petitioner submits that the petitioner is ready to submit all necessary documents but the respondent Authorities will examine the matter and pass necessary order within a stipulated time frame. 7] Upon perusal of the pleadings available before the Court and considering the submissions made by learned counsel for the parties, this writ petition stands disposed of directing the petitioner to submit all the relevant documents Page No.# 4/4 necessary in support of the Price Variation Clause Bill raised for an amount of Rs.9,20,559/- (Rupees Nine Lakhs Twenty Thousand Five Hundred and Fifty Nine only), which is stated to have been admitted by the NF Railways, within a period of 2 (two) weeks from the date of receipt of a certified copy of this order and upon such receipt of the documents, the NF Railway Authorities will pass appropriate order within further period of 4 (four) weeks thereafter. 8] With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant