$~67

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 4517/2023
KINGSTON ENTERPRISES ..... Petitioner
Through: Mr. Ankit Roy and Mr. P. Bajaj,
Advs.
versus

NBCC (INDIA) LTD. & ANR. ..... Respondents

Through: None
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 19.04.2023
[ The proceeding has been conducted through Hybrid mode ]
CM APPL. 17294/2023 (Exemption)
1. Exemption is allowed, subject to all just exceptions.
2. However, the certified copies of the exempted documents may
be filed within six weeks from today.
3. Application stands disposed of.
W.P.(C) 4517/2023
4. The petitioner by way of the present petition seek release of the
contractual amount from respondent No.1 on a contract which was
successfully completed.
5. Learned counsel appearing for the petitioner submits that the
inter se correspondence between respondent No.1 NBCC (INDIA)
LTD and respondent No.2 National Security Guard, dated 02.05.2018
which is annexed at page 65 as Annexure P-8, is an admission that the
amounts to the tune of Rs.1,84,11,082.00/- were pending and payable

W.P.(C) 4517/2023 1
This is a digitally signed order.
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The Order is downloaded from the DHC Server on 23/09/2023 at 13:18:21
 to the petitioner.
6. Learned counsel also brings attention of this Court to page 72
whereby after the letter issued by respondent dated 14.01.2023, and
after having calculated the details of pending payments, respondent
No.1 has categorically admitted that a sum of Rs.88.47 lacs were still
payable to the petitioner.
7. Learned counsel on that basis submits that the having regard to
the fact that there is a categorical admission by the state
instrumentality, the writ petition is maintainable and the parties need
not be relegated to regular suit.
8. Learned counsel places reliance upon the judgment in ABL
International Ltd. And Another Vs. Export Credit Guarantee
Corporation of India Ltd. And Ors. reported in (2004) 3 SCC 553) as
also on the judgment in Gas Authority of India Limited Vs. Indian
Petrochemicals Corporations Ltd. And Others reported in (2023) 3
SCC 629 to submit that even in contractual matters the writ petition,
in circumstances such as obtaining in the present case, is
maintainable.
9. Issue notice. Upon petitioner taking steps within a week, notice
may be served through all permissible modes. Counter affidavit, if
any, be filed within four weeks from the date of service. Rejoinder
thereto, if any, be filed within four weeks thereafter.
10. List on 03.10.2023.
CM APPL. 17295/2023(Interim Direction)
11. By way of the present application, the petitioner is seeking
interim direction to respondent no.1 to release the amount of Rs.88.47

W.P.(C) 4517/2023 2
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 23/09/2023 at 13:18:21
 lacs to the petitioner stated to have been admitted by the respondent
No.1 in the communication dated 14.01.2023 of the respondent No.1.
12. Issue notice.
13. Reply be filed within six weeks. Rejoinder thereto within four
weeks thereafter.
14. List on 03.10.2023.

TUSHAR RAO GEDELA, J

APRIL 19, 2023/ms

W.P.(C) 4517/2023 3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 23/09/2023 at 13:18:21