GUWAHATI, India, Dec. 10 -- Gauhati High Court issued the following order on Nov. 11:

1. Heard Mr. M. K. Sarma, the learned counsel appearing on behalf of the petitioner. None appears on behalf of the respondent Nos.1 & 3 on call. Mr. P. Goswami, the learned counsel appears on behalf of the respondent Nos.2 & 5 and Ms. P. Chakraborty, the learned counsel appears on behalf of the respondent No.4.

2. The instant writ petition has been filed by the petitioner seeking a direction upon the respondent No.2 to release the bills amounting to Rs.1,81,00,000/- directly to the petitioner and further to direct the respondent No.3 to give a detailed report of the pending bills to the respondent No.2.

3. The brief facts of the instant case are that the Brahmaputra Cracker and Polymer Limited (BCPL) requested the Engineering Projects India Limited (EPIL) to carry out certain project works in respect to the Gas Cracker Project of BCPL at Lapetkata. EPIL thereupon issued a Notice Inviting Tender wherein NEFFS India Private Limited (for short 'NEFFS') was granted a contract for completion of certain parts of the Lapetkata Gas Cracker Project of BCPL.

4. It is further relevant to take note of that NEFFS which is a Private Limited Company entered into a contract with the petitioner for carrying out certain works on 18.08.2010. While the petitioner was carrying out the said work, the NEFFS terminated the said contract and it is alleged that NEFFS did not release the amount of Rs.1,81,00,000/- for the work carried out by the petitioner. The petitioner thereupon initially approached NEFFS for payment and having not been received due favourable response, approached EPIL for payment of the amount of Rs.1,81,00,000/- by submitting representation. The petitioner also submitted representation to the BCPL requesting for making payment of the amount to which the petitioner is entitled to. The petitioner had come to learn that the EPIL owes certain amount of money to NEFFS and out of the said amount, the petitioner should be paid its dues to the tune of Rs.1,81,00,000/-. However, neither BCPL nor EPIL took steps for releasing the said amount of Rs.1,81,00,000/- to the petitioner for which the present writ petition.

5. The record reveals that the respondent No.4, i.e. NEFFS through its Director filed an affidavit-in-opposition challenging the maintainability of the writ petition on the ground that the dispute involved is a purely civil dispute. It was also mentioned that the respondent No.4 has been put to great difficulty on account of non release of funds by the EPIL thereby resulting in initiation of proceedings under the SARFAESI Act, 2002. It was also mentioned that there is an arbitration proceedings going on between EPIL, BCPL and the NEFFS.

6. The respondent Nos.2 & 5 also filed an affidavit-in-opposition wherein it was contended that on account of non-performance of work by the NEFFS, the EPIL terminated the contract on 15.03.2011. It was also stated that the petitioner by way of the instant writ petition has made an effort to make EPIL liable for payment of certain unpaid and unverified bills arising out of a work order between the petitioner and NEFFS to which EPIL was never a party. In addition to that, it was also mentioned that though certain payments were made directly by EPIL to the petitioner at the request of NEFFS, but the same could not create any form of contract between the petitioner and the EPIL.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=lG6h6ilt3H1fOBr4DLdM9WiIGjtu9lRqumQQR0KJChroWQZzynKbZtjua2xJAbX7&caseno=WP(C)/2799/2014&cCode=1&cino=GAHC010247122014&state_code=6&appFlag=)

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