'• PundiLiydvoGates v. •'

1 Thisordershalldisposeofthisfcbatchofwritpetitions.

2 Atthe outset,it ispointedbut|hat a bunch ofsimilarly placed contractors i»dified.derta!n"sUii^^ favour against which a;%e|ttlar KiWlLpL-had been filed. That Regular First Appeal had been disposed ofby a Single Bench ofthis Courton01.12.2016(RFA No.786/2016);itwasbasedonthe consent orderdated 17.11.2016 arrived inter-setire parties

3 This Court notes that these writ petitions arise out of the 2017:DHC:8984 4' Coipoiation. All the petitioners are duly registered contractors registered withtherespondentCorporation andhave beencarryingout various works oftlie respondent. The petitioners having completed the said woiksto the satislaction oftherespondentfor which bills had been prepared and certified but complete payment not having been received by the petitioners had accordingly been constrained to file these petitions. ConteHtion of the petifibners being that they are claiming only:fhosebills whiehhgd been duly,pertified for payment and foi whichhp aniouiif'hhjfrbeeifphf|llr^ t

4 Thestand oftherespohddif thatthereisaspelifioclausein the agreement which is bindi^mp^nAe parties and which wasto the effect that the PTObnt^^ availability offunds]n.particular head.-.ofaccount from time to time and the payments shall be made.strictly on queue basis i.e. first the past liabilities will be cleared and after the release ofpayments for past bills only then the case ofthe petitioners would be considered; inteiest would also not be payable. /(r

5 The lelevant extract of Clause 7 ofthe 'General Conditions of Contract for Municipal Corporation of Delhi Works' highlighted by thelespondent Corporation is reproduced herein as underi- "Thepaymentofpassed bills will be subject to availability offunds inparticular head ofaccountfrom time to time in MCD. Payment,ofbillsshall be strictly on Queue basis i.e.firstthepastliabilities Mnllbe clearedandafter thatthe release ofpaymentfor passedbills he in orderofthe demandreceivedatHQ underparticular headofaccounts. No interestshall bepayable to the contractor incase ofdelay inpaymenton accountof non-availability of fundsin theparticular hepdofaccount'ofMCD."

6 This being.,.the stanchof/the.respondentWdiToration,the petition had progresseTandthe niafl^'.wad';fe up fbr-fiialhearing,

7 However, at this stagef asinbibd'supra, attentionIbf this Court has been drawn to theju|gn^nt|as^d by the SingleiBench ofthis Court in RPkt which had enuredin^favdur,pTsuchTiketcontractors who had preferred to file civil suits instead offiling writpetitions., 8 In the course ofthese proceedings on 07.09.2016,the additional submission ofthe respondent was noted which wasthatthe payments being asked for by the petitioner are under'non-planned head'and the ny r head'. This affidavitis on record and the details ofmoneysought planned head'and the money under the'non-planned head'is being mis-used i.e. for purpose other than those purposes for which it is required to be used. The respondent had been directed to place on lecord an aifidavit-stating the amounts expended in the'non-planned to be expended m the'non-planned head'have been given.

9 CourtIS oftheviewdhattheorders,passedinRPA No.786/2016 this Court is ofthe view thatfhesdpetitions'can-also be disposed off onthesametepis and conditionsjqsthereis no dispniteho thefactthat were.;parties in the the case ofthese petitionerSissahSto those who fLFA.

10 The teims of the coiisenfdfder.passed on17.11.2016 and reproduced inRFA%J8d/2Q16read£as- ' ' ' (I)rheappellantsshallfilefreshcoinpllalions,completeinallrespectsinrespectofthe _ respondents and the other contractors, irrespective of whether they havefiled any appeals/suits ofrecovery or not..lo thatthere isaclarityabouttheirpriority in the M>ait list.

(ii) Th, appellant, undertake,o eiriedy adhere,o the titmline trtentioned it, the

(iv) The appellantsshallensure that the budgetforrelease ofamounts underthe headof Non-Plan Expenditure is increasedon aregular basisso thatthe release ofpaymentscan be expedited to the respondents and other contractors in the waitlist, even prior to the dates ofpriority mentionedagainsttheir names.

(v) The appellantsshallupload the compilation on their websitesfor ease ofaccess and update Itregularly atthe endofeach monthfor the respondents andothers to Imow.what their status is in the wait list. (vi)I-Iaving regard to thefact that the appellants expect the respondents to stay their hands and notpursue their legalremediesfor execution ofthe impugnedjudgments and decreesforaperiod mentioned hereincfter. it is agreed thatinterestshall bepayable to n the re.spondenis on theprincipal amountafter expiry dfthree years and ninet)'days reckonedfi-om thgdaletheconcerned^iyi^n hadpasseddhefi^ re.spondentsfor payment.In other words,a Quartersof both the appellantsforcoinpletih^^fmr0^m^^workcffedehmganddiarisingthe sj receivedfi-om differentDivmprnfin^^e^dmngacombinedlistforpaymentanditis agreedthat-forthesaidperiod,no mtfibiffhaffepayable totherespondents.

(vii) It isfurther agreed that not be liable to pay interest on the principal amounts payable. toftlwfniesporM^if^im impugnedjudgments and decrees,for a period ofthree'years reclmnedfirdm-t'he date of expiry of90 days mentioned above. n n',

(viii) Hoyvever, immediately on:expu-y ofduee years as'noted above, ifthe amounts - remain outstandingfor any reason whatsoever, the appellants shallpay interest@9% per annum on the principal amount to the respondents,for the remaining period, till realization.

(ix) It ISfurther agreed thafthe aforesaid arrangement ofpayment ofinterest by the appellants @ 9%per annum on the o.ut.standing principal amount to the respondents shallcontinue onlyfor aperiodoftM>o years,reckonedfrom the endofthe thirdyear as lA A' ^ (x)Ijtheamountsremainpayable bythe appellantseven thereafter,therespondentsshall be entitled to seek legalrecoursefor execution ofthe impugnedjudgments anddecrees andclaim interest on the decretalamountfrom day one.