Dimapur, September 26 (MExN): A court in Zunheboto district has attached the land and office buildings of the Executive Engineer, PWD (R&B) Zunheboto and Dimapur in order to pay the outstanding dues owed to a contractor by the Nagaland State Public Works Department (Roads & Bridges).
The District Court, Zunheboto, has “attached the land and office building of the Executive Engineer, PWD (R&B) Zunheboto vide order dated 25.09.2018 for proclamation of sale of the same in order to pay the contractor out of the sale proceeds. More so, the Court of District Judge Zunheboto has issued a precept to the counterpart Court of Dimapur for attachment and sale of the land and office building of the Executive Engineer, PWD (R & B) Dimapur, since the sale of the property of Executive Engineer, PWD (R&B) Zunheboto would not satisfy the entire decretal amount, i.e. Rs. 3,97,98,000/- with interest @7% and cost of the suit,” informed a press statement released from the office of H Zhimomi, legal counsel to Aien Meren Enterprises to which the Government of Nagaland’s owes payment.
According to the statement, the Government of Nagaland vide letter NO.CE/TENDER/Brg.1/2010-11/132 dated Kohima September 7, 2012 awarded the contract work for construction of 30.00M SPAN RCC bridge over Lanki river on Satakha-Saptiqa Road (Zunheboto) at approximate work value of Rs. 522.95 lakh to Aien Meren Enterprises.
“During the ongoing work a partial amount of Rs. 125 lakh was released to the contractor. The contractor completed the said contract as per the specification in the year 2016 and the office of the Executive Engineer PWD (R&B) issued a completion certificate,” maintained the counsel.
However, despite the completion of work, the PWD (R&B) “failed to release the pending bill.”
“The contractor with his best effort tried to claim the bill but was in vain and after exhaustion from dashing pillar to post, approached the District Court, Zunheboto for redressal of his grievances and to his relief the court decreed the case in his favour, directing the Govt. of Nagaland and its machineries to pay outstanding bill of Rs. 3,97,98,000/- with interest@ 7% plus cost of the suit to the contractor, vide its Judgment & Order dated 14.02.2018,” informed the statement.
The February 14 judgment based the logic of the interest to be paid on this: “Contractor’s delay in execution of contract in work-tender which stipulates the date and time or breach of the contract by the Plaintiff invites liability—hence, this court also doth find, as to why the reverse liability should also not be imposed on the employers or State Government Department who fails to make payment after the successful completion in execution of work-tender issued.”
Further, the exemplary order, passed by Niechochiyi Suyie NJS, District Judge Zunheboto stated, “to ping the sleeping giants from its deep slumber and to make awake for payment of the bill due to the Plaintiff with the interest and costs of the suit is allowed.”
Despite this, the Government of Nagaland did not relent. Subsequently, the Judge attached the Executive Engineer PWD (R&B), Zunheboto and Dimapur’s land and offices for sale in order to pay the dues.
