M/S TBA INFRASTRUCTURE PVT. LTD. vs STATE OF JAMMU & KASHMIR AND OTHERS

With the consent of learned counsel for the parties, the matter is taken up for final disposal.

The petitioner claims to have been requested/allotted to execute the work of providing and laying of 50mm BM and 25 mm SDBC in C.M.

Residence, Jammu and also providing and laying of 50 mm BM and 25 mm SDBC approach road and internal roads at VIP’s residences at

Residency Road, Jammu.

It is contended by the petitioner that all the aforesaid works allotted to it have successfully been executed and handed over to the respondents. It

is claimed by the petitioner that it submitted two bills amounting to Rs.14,48,248/- and 10,74,130/- respectively but the respondents only made part

payment of Rs. 10,70,400/- against the first bill and Rs.13,46,116/- is still outstanding against the respondent. Thereafter the petitioner also served

a legal notice dated 10.01.2015 upon the respondents calling upon them to release the balance payment of Rs. 13,46,116/- along with interest

accrued thereon. On receipt of the legal notice from the petitioner, respondent No.3 appears to have taken up the matter with the respondent

No.2 for allocation of funds with permission to elease the balance amount in favour of the petitioner. It further transpires that payment in favour of the

petitioner has not been released by the respondents on the pretext of paucity of funds. In this backdrop, the petitioner has filed this writ petition

seeking only a direction to the respondents to release in their favour the amount due to them, which has been admitted by the respondents.

Attention of this Court has been drawn by the learned counsel for the petitioners to the communication dated 20.03.2015 addressed by respondent

No.3 to respondent No.2 for allocation of funds. It is also noticed in the aforesaid communication that all the aforesaid works have been completed.

Learned counsel for the petitioner has further submitted that there is a reference of the works executed by the petitioners, for which the amount

payable to the petitioners has been duly indicated.

In the objections filed on behalf of respondent Nos. 1 to 3, liability towards the petitioner-firm has been admitted. It is submitted by the respondents

that vide communication dated 28.12.2017, respondent No.3 has taken up the matter with respondent No.2 and as and when the funds are made

available, the balance amount of Rs.13,46,116/- will be released in favour of the petitionercompany.

In view of the pleadings of the parties and the documents placed on record, it transpires that there is apparently no dispute with regard to the

amount payable to the petitioner. It further transpires that the amount payable to the petitioner has not been disbursed to the petitioner for the reason

that the amount was not available with respondent No.3, who had reportedly taken up the matter with the respondent No.2 for release of funds.

Be that as it may, the paucity of funds cannot be a ground to deny the legitimate payment, which is due to the petitioner for the works which it had

executed to the satisfaction of the respondents. Once it is not denied that the petitioner had executed the works allotted to it and has handed over the

same to the respondents and when the payment due to the petitioner has also been worked out by none other than respondent No.3, there is no

justification to deny the payment to the petitioner.Â

In that view of the matter and keeping in view the pleadings of the parties, this writ petition can be disposed of at this stage.

Accordingly, this writ petition is disposed of by directing the respondents, particularly respondent No.3 to immediately and forthwith release the

amount, which the respondents admit to be due to the petitioner on account of the above referred works executed by it. Let the admitted amount due

to the petitioner be released in favour of the petitioner within a period of four weeks from the date a certified copy of this order is made available to

the respondents.

It is made clear that in case the admitted payment due to the petitioner is not released within the aforesaid period, the petitioner shall also be

entitled to the interest @ 8% per annum with effect from four weeks from today till the amount is actually paid to the petitioner. It is also made clear

that this Court has passed the directions only with respect to the release of the amount, which the respondents otherwise admit to be due to the

petitioner.

Writ petition along with connected MP stands disposed.