Facts of the Case

The petitioner approached the High Court of Tripura seeking a writ of mandamus directing the respondents, particularly respondent No. 3, to pay and release the undisputed final bill and security money payable in the name of M/S Super Drillers, a proprietorship firm, in respect of work completed under the work order dated 06.10.2020, without insisting upon submission of a Succession Certificate. The petitioner also sought interest for the delay in releasing the undisputed dues.

The petitioner’s father-in-law was the original proprietor of M/S Super Drillers, which was engaged in drilling works for drinking water and irrigation purposes. He died on 08.05.2021, leaving behind his wife, one son and one daughter as his natural legal heirs. Before his death, however, he had executed a Will devising his property in favour of his wife, son, daughter and daughter-in-law, namely the petitioner.

Under the Will, the petitioner was devised ownership of the proprietorship firm M/S Super Drillers, together with all its assets and liabilities. After the death of the original proprietor, the petitioner made necessary changes in statutory documents, including the GST Registration Certificate and Trade Licence, by substituting her name for that of her father-in-law so that the business could continue without legal difficulty.

The drilling works under the agreement with respondent No. 3 had already been completed by the petitioner’s father-in-law, and there was no dispute regarding execution of the work. The petitioner therefore requested payment of the outstanding undisputed final bill and security money in the account of M/S Super Drillers. The respondents, however, required the petitioner to submit a Succession Certificate before releasing the amount. A demand notice issued on behalf of the petitioner was also not acted upon, leading to the filing of the writ petition.

The amount stated to be due was Rs. 2,41,08,215.44, and according to the petitioner, a demand for payment had already been made in 2021.

Issues Involved

  1. Whether the respondents could withhold the undisputed final bill and security money payable for works completed in the name and title of M/S Super Drillers merely on the ground that a Succession Certificate had not been produced.
  2. Whether, when the amount payable for completed works was not disputed, the respondents were justified in insisting upon a succession-related formality before releasing payment.
  3. Whether the undisputed contractual dues should be released in favour of M/S Super Drillers, under whose name and title the works had been undertaken and completed.
  4. Whether the petitioner, claiming ownership of the proprietorship concern under the Will of the deceased original proprietor and having changed statutory documents such as GST registration and trade licence, could seek release of the outstanding dues without furnishing a Succession Certificate.

Petitioner’s Arguments

The petitioner contended that the deceased original proprietor had executed a Will under which ownership of M/S Super Drillers, together with its assets and liabilities, was devised to her. On the strength of that Will, she continued the business and made corresponding changes in statutory records, including the GST Registration Certificate and Trade Licence.

It was submitted that the drilling works had already been completed under the relevant agreement and that there was no dispute regarding execution of the work. Consequently, the outstanding final bill and security money were undisputed and payable to M/S Super Drillers.

The petitioner challenged the insistence on a Succession Certificate as arbitrary and unreasonable, particularly because payment was sought in the account of M/S Super Drillers and the entitlement was asserted on the strength of the Will executed by the original proprietor. The petitioner further relied upon the fact that the amount of Rs. 2,41,08,215.44 remained unpaid despite a demand made in 2021.

Respondents’ Arguments / Stand

The respondents’ stand, as recorded in the order, was that after the death of the owner of M/S Super Drillers, the petitioner approached them on the strength of the Will, whereupon the respondents required a Succession Certificate for release of the amounts.

The High Court specifically observed that the amounts payable to M/S Super Drillers for the works undertaken were not disputed and that the respondents’ objection related only to the formality for releasing the amounts.

Court Order / Findings

The High Court found that the amounts payable to M/S Super Drillers for the works undertaken were not disputed. The controversy was confined to the formality insisted upon by the respondents for releasing those amounts.

The Court held that since M/S Super Drillers had its account, the amounts should be released by the respondents in favour of M/S Super Drillers, under whose name and title the works had been undertaken and completed.

The Court further observed that the undisputed amounts falling due were required to be paid and accordingly directed the respondents to release the amounts payable to M/S Super Drillers as expeditiously as possible, preferably within one month from the date of receipt of a copy of the order.

With the above direction and observation, the writ petition was allowed and disposed of.

Important Clarification

The decision is significant because the Court’s operative reasoning focused on the fact that the dues for completed works were undisputed and payable to the proprietorship concern under whose name and title the works had been undertaken and completed. The Court therefore directed release of the amount to M/S Super Drillers rather than permitting payment to remain withheld merely because the respondents had raised an objection regarding the formality for release.

At the same time, the order should not be overstated as laying down a universal proposition that a Succession Certificate can never be required in every case involving the death of a sole proprietor. The ruling arose from its specific factual setting: completed works, undisputed dues, payment connected with M/S Super Drillers, the petitioner’s reliance on a Will, and the respondents’ objection being confined to the formality of release.

Further, although the petitioner had sought interest for delay, the operative portion of the order specifically directed expeditious release of the payable amounts, preferably within one month; it did not expressly grant a separate quantified award of interest.

Sections / Legal Provisions Involved

Article 226 of the Constitution of India – Writ jurisdiction of the High Court; relief sought in the nature of mandamus directing release of undisputed contractual dues.

Succession Certificate – succession law issue – The dispute concerned the respondents’ insistence upon production of a Succession Certificate before releasing the amounts after the death of the original proprietor. The order itself does not expressly identify or adjudicate a particular numbered provision of the Indian Succession Act, 1925; therefore, no specific section of that Act should be attributed to the judgment beyond the succession-certificate issue actually recorded.

GST Registration and Trade Licence – Referred to factually as statutory documents changed into the petitioner’s name after the death of the original proprietor; the order does not decide any substantive GST liability or dispute under a specified GST section.

Link to download the order -https://mytaxexpert.co.in/uploads/1783066359_376compressed.pdf 

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