Kamal Kumar Das v. United Bank of India and 3 Ors

ORDER

29.05.2024

¶1Heard Ms. B. Bhuyan, learned Senior Counsel for the petitioner as well as Mr. S. Dutta, learned Senior Counsel for the respondent bank.

¶2The petitioner has prayed for payment of his contractual dues amounting to Rs.2,30,718/-.

¶3The petitioner's counsel submits that out of the total contractual dues amounting to Rs.18,30,386/-, the petitioner has received Rs.17,43,108/-, leaving a balance of Rs.87,278/-. Besides the balance amount of Rs.87,278/-, the petitioner is also entitled to receive an amount of Rs.1,13,440/- Retention Money and Rs.30,000/- Earnest Money. The petitioner's counsel thus prays that a direction should be issued to the respondents, to pay the admitted amount and to give the petitioner liberty to approach the Civil Court, to make a claim for the disputed amount.

¶4Mr. S. Dutta, learned Senior Counsel for the respondent bank submits that he has got no objection with the prayer made by the counsel for the petitioner. He submits that the respondent bank shall verify the amount payable to the petitioner and pay the admitted amount to the petitioner.

Page No.# 3/3

¶5In view of the consent of the parties, the respondent bank is directed to verify the amount payable to the petitioner and pay the petitioner the admitted amount along with interest, as permitted, within a period of 6 (six) weeks from the date of receipt of a certified copy of this order. The petitioner is also given the liberty to approach the Civil Court with respect to the claim for any disputed amount that he may wish to pursue.

¶6The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010007742015 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/460/2015 KAMAL KUMAR DAS PROPRIETOR OF M/S K.K. ENGINEERS, S/O- SRI ABHAY CHARAN DAS, R/O- NO. 5, FIST FLOOR, G.R. COURT, MOTILAL NEHRU ROAD, PANBAZAR, GHY- 1. VERSUS UNITED BANK OF INDIA and 3 ORS REP. BY ITS GENERAL MANAGER PREMISES UNITED BANK OF INDIA HEAD OFFICE, 11, HEMANT BASU SARANI, KOLKATA- 700001. 2:ASSTT. GENERAL MANAGER PREMISES UNITED BANK OF INDIA PREMISES DEPTT. HEMANTA BASU SARANI KOLKATA- 700001. 3:CHIEF REGIONAL MANAGER UNITED BANK OF INDIA SIVASAGAR REGIONAL OFFICE DOHABARA ROAD JORHAT- 785001. 4:AR. PARIMAL BHATTACHARJEE M/S DESIGNERS' ASSOCIATES RUNGAGORA ROAD TINSUKIA- 786125 Advocate for the Petitioner : MS.B BHUYAN Advocate for the Respondent : Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA