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2018 (5) TMI 1834 - HC - Indian LawsDecree for recovery - It was the case of the Plaintiff that it is only after complete satisfaction of the work carried out is done under Rules 65 to 69 of the Electricity Rules, that the fees for inspection by the electrical inspector is paid - Held that:- A perusal of the evidence and the pleadings on record clearly shows that the only justification being raised to withhold the payment was non-certification by REL, the obligation of which was not upon the Plaintiff. In the absence of any deficiencies being pointed out in the work executed by the Plaintiff, there can be no justification in withholding payments. The arrangement between the Defendant and its own Joint Venture Partner i.e. REL is an internal arrangement between them, and the Plaintiff cannot be saddled with outstanding amounts in this manner owing to their own internal issues. The Defendant having not led any evidence whatsoever to justify the withholding of the payment and having not pointed out any deficiencies in the work executed and further having deducted the TDS and deposit of the said tax with the government for the entire bill amount, there can be no justification in withholding the outstanding payments. The witness of the Defendant categorically admits that this contract was not a part of the work order between the Plaintiff and the Defendant. Though the electrical inspector’s approval is required for all installations, Clause 1.1 (h) does not fix the burden of obtaining the inspector’s approval upon the Plaintiff/Contractor. As stated by the Plaintiff’s witness, it was the Defendant’s responsibility and in fact the Defendant had paid the fee required for obtaining the electrical inspector’s approval. It is clear that it was the Defendant’s responsibility to get the approval of the electrical inspector. Appeal dismissed - decided against appellant.
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