Following District Court Zunheboto precept order for attachment and sale of the land and office building of the EE PWD (R&B) in Dimapur for non-payment of contract work executed bill to a contractor by the department, the principal district and session judge court Dimapur has passed an order with regard to proclamation of sale of the attached property in order to pay the contractor out of the sale proceeds.
According to the court order, the sale will be by public auction, and the property will be put up for sale specified in the property schedule.
The court stated that in the absence of any order of postponement, the sale would be held by appointed officer of the court at executive engineer officer PWD colony, Dimapur commencing at 11 a.m. on November 20, 2018.
It may be mentioned that the state government awarded 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 Alen Meren Enterprises in 2012. During the 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 EE PWD (R&B) issued a completion certificate.
However, despite the completion of work, the department failed to release the pending bill.
The contractor approached the district court, Zunheboto for redressal of his grievances. In a relief to the contractor, the court ordered the case in his favour directing the state government 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 February 14, 2018.
However, the state government and its machineries failed to pay the outstanding bill. Subsequently, execution proceeding was initiated before the District Court, Zunheboto and the court finally attached the land and office building of the EE, PWD (R&B) Zunheboto vide order dated September 25, 2018 for proclamation of sale of the same in order to pay the contractor out of the sale proceeds.
Further, the District Court Zunheboto issued a precept to the Dimapur District Court for attachment and sale of the land and office building of the EE PWD (R&B) Dimapur since the sale of the property of EE PWD (R&B) Zunheboto would not satisfy the entire decretal amount ie. Rs. 3,97,98,000 with interest @7% and cost of the suit.