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2012 (11) TMI 127 - CALCUTTA, HIGH COURTWrit of mandamus - release the payment of invoice raised for execution of work orders - respondent no.2 entering into sub-contracts with the petitioner company for manufacturing and supply of additional Berth (Middle Berth) for fitment of the same on longitudinal side of existing AC 3- Tier Railway Coaches and Sleeper Class Rail Coaches running within the jurisdiction of Southern Railway. Held that:- The sub-contract in between the petitioner company and the respondent company was executed at the office of the petitioner company lying and situated within the territorial jurisdiction of this High Court. It is also not in disputes that the instruction dated august 27 and 28, 2010 were conducted by RITES Ltd.(A Government of India Enterprise) for giving inspection certificate to ascertain the quantity of longitudinal middle berth relating to payment for supply and retro fitment of the same took place within the territorial jurisdiction of this High Court. The above instruction referred to communication issued by the Senior Divisional Mechanical Engineer, Southern Railway in his communication issued under memo no.V/M.CW/271.MB dated September 28, 2010. Therefore, the cause of action in part took place within the territorial jurisdiction of this High Court. It is a settled principles of law that if all parties are present before the court in a suit the same is maintainable. By virtue of the communication dated March 13, 2009 issued by the competent authority of the Railway Board the General Manager of All India Railways were informed amongst others, payment to the contracting agency might be made for the work already done till the issue of the notification regarding change a policy. Admittedly, the Railway Board alleged funds to the tune of Rs.6 cores in the final grant of 2010-11 for remittance to dues payable towards fitment of additional longitudinal berths in AC 3-tier and sleeper coaches. Also the Deputy Chief Mechanical Engineer (C & W) issued a communication dated April 28, 2011 directed the Senior DMM/TVC to arrange clearing of the pending bills in connection with the aforesaid fitment of additional longitudinal railway berths. It is revealed from the certificate dated August 31, 2010 issued by the RITES Ltd., Government of India Enterprises that the claim of the petitioner of manufacturing the longitudinal middle berths under reference was genuine. The above claim was forwarded to the competent authority by the officer of the Southern Eastern Raillery for payment to the respondent no.1. The aforesaid admitted facts and circumstances leads to a conclusion that the petitioner company changed its position depending on the promise held by the respondent no.1 in the matter of manufacturing of fitment of longitudinal middle berths in 3-tier AC and Sleeper Railway Coaches of the Southern Railway. Admittedly, the respondent no.1 acted on the basis of the promise held by the Southern Railway. The Railway Board released the required fund for releasing the same for payment of longitudinal meddle berths. The doctrine of promissory estoppel is squarely applicable with regard to the claim of the petitioner company from the respondent no.1. It has been held hereinabove that all the parties before this court this is an application under article 226 of the Constitution of India can be disposed of commanding the concerned respondents to release its fund for payment of the claim of the petitioner company therefore, directing the competent authority of the Southern Railway to release the fund allotted to it for payment towards the fitment of longitudinal berths in its Sleeper Class Railway Coaches on the basis of the claim of the respondent no.1 in its favour so far as the claim under reference is concerned within a period of two months from date. The respondent no.1 is directed to release the above amount in favour of the petitioner company within a month from the date of receipt of the same from the South Eastern Railway.
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