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kaushal arora (proprietor)     02 January 2025

Performance security deposit as bank fd misplaced,tendring authority not giving work order

I participated in Govt. Tender & Letter of Award was isued in my favor & as per terms of this award letter i also submitted 10% amount as a Fixed Deposit purchased from Punjab National bank pledged in favor of tendering authority as a Performance Security deposit ,which is essential to get Work Order.

After issuing letter of award concern department also issued Site Handover Letter & as per terms of Award Letter work was executed successfully for 730 days. (Log book duly signed by deparment during this period in all our service visits is/was also mantained.

Now the problem is this that Department denies & says that we had not submitted requisite 10% amount PSD & not issuing work order (Without work order payment cannot be made).It seems that it is missing during the process in department & we also donot have any acknowledment for the same,later on department also issued after six months a letter to us to submitt PSD amount which we ignored as it was already submitted well in stipulated time.

As per rule PSD amount can be submitted either as a Bank Guarantee or Fixed deposit lien to concern department, which can not be incashed without their consent due to pledged status

Now the question is , if the PSD amount is liened with concerned department & may be confirmed with the said bank & after getting confirmation they may issue work order or not.

Is their any decision of any court regarding same matter.

Pls advise.

 



 10 Replies

T. Kalaiselvan, Advocate (Advocate)     02 January 2025

You produce the documentary evidence for the deposit amount made in their favor along with a letter giving details about the same and the work order and comply with any other formalities in this regard.

If they still insist on the same or any other issues then you may plan to take it up legally against the department concerned

kaushal arora (proprietor)     02 January 2025

Department had confirmed with bank that PSD amount is under lien with them as on date ,but as the case is about 4 years old they are passing the buck. 

Thanx for ur kind advise....

Dr. J C Vashista (Advocate )     03 January 2025

Issue legal notice to the department through a local prudent lawyer.

kaushal arora (proprietor)     03 January 2025

Thanx sir for your advice....is there any time limit to issue notice...?

Sudhir Kumar, Advocate (Advocate)     25 January 2025

Get record from Bank.

kaushal arora (proprietor)     25 January 2025

Thanx for your valuable advise....

T. Kalaiselvan, Advocate (Advocate)     26 January 2025

Yes, you can discuss with a local advocate on the basis of the related documents in your possession and take legal action as per procedures of law if the delay is inordinate and there is no response for your efforts.

P. Venu (Advocate)     26 January 2025

Are you having any documentary proof of having handed over the cheque?

 

kaushal arora (proprietor)     26 January 2025

PSD amount was pledged with PNB in favour of concerned authority, which is still with bank but I don't have any reciept/ acknowledgment of submission of physical copy for it. 

P. Venu (Advocate)     27 January 2025

As such, it is a matter of asscertaing the fact whether the document has been handed over the Department or otherwise. The query suggests no legal elements or issues.


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