fy Lord Shiva Ustc Construction Company Pvt. Ltd. Page 1of 4 LSCC/NH-10-KS/04/24463/2024-25 Dated: 10.04.2024 To, The Employer-cum-Superintending Engineer, Rohtak Circle, PWD B&R Br., Rohtak Subject: Special repair on Old NH-10 in village Kheri Sadh from km. 63.500 to 70.100 in Rohtak Distt. (NHAI Bye-Pass near Hanuman Mandir Kheri Sadh to Sector -14 Rohtak) C.M.A No. 12628. “Release of Legitimate Payments due as on 31.05.2024 worth Rs. 2,51,61,617.00” Respected Sir, Brief description of the above said work contract is enumerated as under: i LOA: EE PD1 Rohtak Memo No. 5753 Dated 04.10.2017 Agreement No. 19 of 2017-18. Date of Start: 11.11.2017 Time Period: 06 Months v. Date of Completion: 10.05.2018 vi Gross Work Done: Rs, 8,20,47,712.00 Defect Liability Period (DLP): 04 Years Stipulated Date of Clearance of DLP: 09.05.2022 Actual Date of Clearance of DLP: SE Rohtak Memo Endst No. 141529/R Dated 24.08.2022 wee.f. 09.05.2022 However, the final measurement for this work has been recorded and duly certified by the Engineer-in-charge as per its 4" and Final Bill, which has since been accepted by our company and not contested at any point of time, whileas, the release of indisputable due legitimate payment of Final Bill worth Rs. 1,47,29,246.00 along with payment of its accrued interest due to delay and calculated upto 31.05.2024 totaling worth Rs. 2,51,61,617.00, has not been made as of today i.e. upto 10.04.2024. This payment is genuinely and legitimately due in favor of the aggrieved contractual company as per relevant Clauses of Contract Agreement, similar Sections of various other Acts of Law such as Indian Contract Act, 1872, Interest Act, 1978, Articles of CIN, :Ures¥DLisFTCOe Email locdshiva_constructiongired lordsivaconstrucioneopwtd@gmall co Office: Old Ana| Mandi, GOHANA, Distt Sonepat (Hry.) 131301, (01263-25457) Mob: 09416014568,09416014575,09467000815 Regd. Office: 66, Block H-34 Sector-3, Rohini, DELHI | 10085 (0 |-65360341) (698 indusrial Area, Phase, CHANDIGARH (0172-2655378) Branch Offices: Kanal Cems Plet No. 6,Bssement Cain No.2, Behind Yes Bank, San Chowk PanipatPage 2 of 4 & Lord Shiva Lstc Construction Company Pvt. Ltd. Constitution of India, Sections of Arbitration and Conciliation Act, 1996 (Amended upto date), this whole payment has brazenly not been made to our company resulting in breach of its contractual and legal rights, the department having a weak defense that for want of requisite approvals/sanctions pertaining to this work regarding Variation/Enhancement case as the same is yet to be arranged/obtained from the Competent Authority, the absence of which cannot be attributed to the contractor, whereas, the sole responsibility rests upon the Employer to arrange the requisite sanctions/approvals well in time, hence, this lame excuse is not justified reason for delaying/denial of the above said payments as the release of these payments in timely manner falls in the ambit of reciprocal promises as per Contractual Clauses. Verbal requests, telephonic discussions and several personal meetings in the office of Employer/Engineer couldn't succeed and of no avail, In personal meeting held on dated 05.03.2024 in the office of the Worthy Employer, wherein, prompt and timely action was promised and assured w.t.t. expedite the due process to obtain the requisite approvals/sanctions from the Competent Authority pertaining to this work regarding Variation/Enhancement case which has also not been submitted till date to the quarter concerned however, so far the contents of the meeting dated 05.03.2024 has been rendered meaningless and no fruitful action has been taken by the Employer. Thus, not to release the payment on account of the principal amount of the Final Bill along with its accrued interest due to needless induced delay, certainly conveys the department's over-capacity concems as well as disturbing trends which need to be checked, please. For: LORD HINA CONSTRUCTION CO. PV. LD, OU, ak ramos 8 ATORUEY HOLDER GST No.:06AAACL20406123 PAN =ARACL2O40 G GIN :UrtreDLips2PTCo9585 E mall :lorshiv_sonstruction@redtnailcom Tocdshivaconstructioncopvdtd@gmal co Head Office: Old Anaj Mand, GOHANA, Distt Sonepat (Hry) 13130) (01263-254557) Mob.;09416014568,09416014575,09467000815 Regd. Office: 66, Block H-34,Sector:3, Rohini, DELHI- | 10085 (01|-65360341) Branch Offices: Kars! Ciera Pot No. 6,Bssenent Cabin No 2. Behind Yes Bank. Sanjay Chowk Panipat (698 jndustrial Area, Phase «CHANDIGARH (0172-2685378)GST No.:06AAACL20406123 EARACL 2040 G UM@*ADL982FTCO958S PAN aN E mall Lord Shiva (ste Construction Company Pvt. Ltd. Page 3 of 4 The eventual ignorance of the Law-of-Equity has caused the financial hardships/stresses as well as perforce mental agony to our company, whereas, impartial conduct of Employer can save our company from the happening losses and damages for no valid reasons except non-availability of requisite approvals/sanctions regarding the Variations/Enhancement. ‘Any further needless loss of time and delay in release of whole amount of indisputable due legitimate payments is causing huge and whopping burden of interest upon the State Exchequer, which will remain accruing till the actual date of payment/realization. The upto date calculations for the accrued interest are detailed below for ready reference: i. Final Bill Due as on: 06.07.2018 (Date of Completion 10.05.2018 + 28days + Grace period of another 28 days) ii, Amount of Final Bill: Rs. 1,47,29,246.00 (A) Duly certified by the Department) (Principal Amount) ili, Period of Delay: 5.9023 Years (06.07.2018 to 31.05.2024) (Presumed date of payment is 31.05.2024) iv. As per Clause 43.1 of the Contract Agreement ‘Adding Simple Interest @12% P.A. = Rs. 1,47,29,246.00 * 0.12 * 5.9023 = Rs.1,04,32,371.00 B) Hence, total payable amount due as on 31.05.2024: (4)+@) = Rs. 2,51,61,617.00 Conclusively and essentially, our company humbly prays for the release of whole amount of duly certified payments along with its accrued interests, as it will help our contractual company to settle financially as well as to avoid any kind of litigation in the present matter. For: LORD SHIVA CONSTRUCTION CO. PVT. LTD, To-0 4.02 POWEP DF ATTORNEY HOLDER Head Office: Old Anaj Mand GOHANA,Diste Sonepat (Hry) 131301 (01263-254557) Mob. 09416014568, 0341 6014575,09467000815 Regd, Office: 66, Block H-34,Sector-3, Rohini, DELHI- | 10085 (0 |-65360341) [Branch Offices: Kanal Cinema Pot No. 6,Bssenent Cabin No.2 Behind Yes Bank Senay Chowk Papa (698, Indusrial Area, Phase ~ CHANDIGARH (0172-2655378) lordshiva_construcion@Oredifnaleom loedshivaconsrucioncopwti@ymal coGST No. PAN aN Enail Lord Shiva Construction Company Pvt. Ltd. Anticipating prompt, appropriate and suitable action in a timely manner on SOS basis on the part of Employer, which will deliver Justice to our stressed company. ‘Thanking You, Submitted With Regards ‘Yours Faithfully For:LORD SHA COUSTRUCTION CO, PT. Ly POWER OF OER CC: Endst: LSCC/NH-10-KS/04/24463/2024-25 Dated: 10.04.2024 1 The Executive Engineer, Provincial Division No. I, PWD B&R Br. Rohtak for kind information and necessary action and requested to intervene personally in the matter to facilitate the release of whole payments worth Rs. 2,51,61,617.00 due as on 31.05.2024, please. \ : tefully IWhith Wrest ® Yno's Foe a For: LORD SHIVA CONS UCTION CO. PT. LTD. CLUS, Goh Lela aray = wen oF art NER 4 cawwamecs “aie Head Office: Old Anaj Mandi, GOHANA, Distt. Sonepat (Hry) 131301 ordshiva_construction@retinal com lordshivaconstructioncopwtles@gmal oleae Ty) ‘Mos 0941 6014568, 09416014575, 09467000815 Regd. Office: 66, Block H-34,Sector3, Rohini, DELMI-|10085 (011-65360341) Branch Offices: Kama! Ciera Plot No.6, Basernt Cabin No.2, Behind es Bank Sanjay Chow Panipat £699, Industrial Area Phase -, CHANDIGARH (01722655378)