Page No.# 1/5 GAHC010013002019 2025:GAU-AS:84 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/419/2019 LOGISTIC TRANSPORT OF INDIA PVT. LTD. A COMPANY REGD. WITH THE REGISTRAR OF COMPANIES, SHILLONG, HAVING ITS REGISTERED OFFICE AT OLD POST OFFICE, G.S.ROAD, GHY- 5, DIST- KAMRUP, ASSAM VERSUS THE UNION OF INDIA AND 6 ORS. REP. BY THE SECY., GOVT. OF INDIA, MINISTRY OF POWER, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI- 110001 2:THE MANAGING DIRECTOR POWERGRID CORPORATION OF INDIA LTD. REGD. OFFICE AT B-9 QUTAB INSTITUTIONAL AREA KATWARIA SARAI NEW DELHI- 110016 3:THE EXECUTIVE DIRECTOR POWERGRID CORPORATION OF INDIA LTD. NNERTS DONGTIEH LOWER NONGRAH LAPALANG SHILLONG PIN- 793001 MEGHALAYA 4:THE GENERAL MANAGER POWERGRID CORPORATION OF INDIA LTD. NERTS MONAL TOWER 6TH FLOOR G.S.ROAD GHY-6 Page No.# 2/5 ASSAM 5:THE DY. GENERAL MANAGER POWERGRID CORPORATION OF INDIA LTD. NER IMPHAL POWERGRID IMPHAL-SILCHAR ROAD YUREMBAM IMPHAL WEST PIN- 795113 MANIPUR 6:THE GENERAL MANAGER (POWER) M/S IVRCL LTD. REGD. OFFICE- M-22/3RT VIJAYNAGAR COLONY HYDERABAD- 500057 TELANGANA H.O. MIHIR H.NO. 8-2-350/S/A/24/1B ROAD NO. 2 BANJARA HILLS HYDERABAD- 500034 TELANGANA 7:DY. GENERAL MANAGER (PROJECTS) M/S IVRCL LTD. REGIONAL OFFICE- AKASH TOWER UNIT 3-A 3RD FLOOR 781-ANANDAPUR KOLKATA- 70010 Advocate for the Petitioner : MR. S D PURKAYASTHA, MR. U CHOUDHURY,MR. C PHUKAN Advocate for the Respondent : ASSTT.S.G.I., SC, PGCI LTD.,SC, POWER GRID BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 06-01-2025 Heard Mr. SD Purkayastha, learned counsel for the petitioner. Also heard Mr. NC Das, learned senior counsel assisted by Ms. J Baishya, learned Page No.# 3/5 counsel for the Powergrid, i.e. respondent Nos. 2 to 5. 2. The petitioner’s counsel submits that a direction should be issued to the respondent Nos. 2 to 5 for payment of Rs.5,86,993/- as the Power Grid have admitted that they are liable to pay the said amount out of the total claimed amount of Rs.13,12,376/-. 3. Mr. NC Das, learned senior counsel for the Powergrid submits that although the amount of Rs.5,86,993/- is to be paid to the petitioner, the same has not been paid, as the petitioner had failed to submit consent letter by the Principal Contractor, i.e., respondent Nos. 6 & 7. 4. I have heard the learned counsels for the parties. 5. The facts of the case show that the petitioner has been given a sub contract by the Principal Contractor, i.e. respondent Nos. 6 & 7 for transportation and shifting of Tower material to different places under direct payment system in pursuant to a contract awarded by the Power Grid Corporation of India Limited vide Contract No. C-62004-L195A-3/G7/CA-II/3598 & 3599 dated 25.02.2011 for construction of 400 KV D/C Silchar-Imphal and associated transmission Lines (132KV D/c inter connector portion of 400 KV Silchar-Imphal (PG) New Scope & 132 KV D/c Silchar-Hailakandi T/L) under A2 Package of Pallatana BGPS TPS in NER. 6. The petitioner has been paid various bills for the sub contract work done by them, except for the last bill amount of Rs.13,12,376/- despite the Principal Contractor having given permission to the respondent Nos. 2 to 5 to make the payment of Rs.13,12,376/- after verification and certification of the amount by the Principal Contractor vide letter No. IVRCL/PGCIL/SIL-IMP/A2/15-16/1224 dated 20.02.2016. Page No.# 4/5 7. The respondent Nos. 2 to 5 have however taken a stand that the petitioner is not entitled to Rs.13,12,376 but only to the amount of Rs.5,86,993/- as the Rs.5,86,993/- is a part of the permission given by the Principal Contractor to the respondent Nos. 2 to 5 to pay to the petitioner Rs.13,12,376/-, the respondent Nos. 2 to 5 shall have to pay to the petitioner the said admitted amount of Rs.5,86,993/-. This is further fortified by the letter dated 29.07.2016 (Annexure- VII of the writ petition) issued by the Chief Manager, Construction, Powergrid Corporation of India Limited, NER, Imphal, which states as follows:- “The transportation work has been discontinued due to M/S.IVRCL failed to make timely payment and subsequently the payment was routed via. PGCIL. Now the contractor raised a 3rd Running bill for the balance payment amounting to Rs.13,12,376 against the transportation work & requested to release the balance payment from POWERGRID. (Copy of letter dt. 23.01.2016 & 27.7.2016 of M/s. Logistic transport of India is enclosed for kind reference. The total claim of M/s Logistic transport is Rs.13,12,376/-(Rupees thirteen lakh twelve thousand three hundred seventy six only) However as per our record/abstract of 3rd RA bill (copy enclosed) the total amount of work payable which can be certified as per the documents is. Rs.31,69,866/- out of this direct payment for an amount of Rs.(1218595.00 + 1197078.00)=Rs.24.15,673/- has already been made to M/s. Logistics in 1st RA & 2nd RA Bill respectively. Now an amount of Rs.1,67,200/- shall be kept withhold due to leaving of 30 MT of tower parts at Near Barak Bridge by M/s. Logistic Transport. Estimate enclosed for withhold amount. Now the total balance value of work unpaid after the deduction of withhold amount is Rs.5,86,993/- Now the amount proposed for direct payment in this present 3rd Page No.# 5/5 RA bill is Rs.5,86,993/- The balance claim of M/S Logistic transport of Rs. 7,25,388/- can be released at a later stage out of the payable bills of M/s. IVRCL if any. POWERGRID have been releasing direct payment to various parties sub- agencies in earlier cases when the main contractor M/s. IVRCL fails to make payment to their sub-agencies. M/s. IVRCL has certified and recommended for release of direct payment to the party vide their letter reference above dt.20.2.2016. Copy enclosed. Therefore it is proposed to release an amount of Rs.5,86,993/- for direct payment to the party. The amount to be paid to the party shall be recovered from payables of M/s.IVRCL along with applicable overhead charges if any.” 8. In view of the reasons stated above, the Powergrid Corporation of India shall pay to the petitioner the admitted amount of Rs.5,86,993/- within a period of 2 (two) months from the date of receipt of a certified copy of this order. 9. The writ petition is disposed of accordingly. JUDGE Comparing Assistant