The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.19202 of 2014 Dated 13.11.2014 Between:
M/s.Andhra Conductors Private Limited Chennai, rep.by its Director C.Jugraj Jain.
…Petitioner And The State of Telangana, Hyderabad and 3 others.
…Respondents Counsel for the petitioner: Mr.Koneti Raja Reddy Counsel for respondent No.1 & 2: AGP for Energy Counsel for respondent Nos.3 & 4: Mr.P.Vinod Kumar, SC for APTRANSCO The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to declare the action of the respondents, in not paying the amount of Rs.40,37,842.06 ps., towards the admitted payment due under the contract to the petitioner and a sum of Rs.9,46,511/- towards price variation along with interest @ 16% p.a., as illegal and arbitrary.
I have heard Mr.Koneti Raja Reddy, learned Counsel for the petitioner, and Mr.P.Vinod Kumar, learned Standing Counsel for A.P.Transco, representing respondent Nos.3 and 4 and perused the record.
In the counter-affidavit filed on behalf of respondent Nos.3 and 4, the claim of the petitioner for payment of Rs.40,37,842.06 ps., is admitted. However, it is averred that out of the said amount, a sum of Rs.22,51,790/- was paid towards the income tax liability of the petitioner to the Income Tax Department and that the balance amount of Rs.17,86,052-06 ps., is payable to the petitioner. The learned Standing Counsel has submitted that this amount will be paid to the petitioner within four weeks from today.
With regard to the interest for belated payment and the price variation, the counter- affidavit has seriously disputed the petitioner’s claim. As the claims of the petitioner under these two heads needs adjudication based on the oral and documentary evidence that may be adduced by both parties with reference to the agreement and also to the provisions of the Interest Act, 1978, I do not find it appropriate to adjudicate these claims in a Writ Petition. In this view of the matter, while directing respondent Nos.2, 3 and 4 to pay the admitted sum of Rs.17,86,052-06 ps., to the petitioner within four weeks, the petitioner is given liberty to file a civil suit for payment of interest and the amount towards price variation. It is made clear that receipt of Rs.17,86,052-06 ps., by the petitioner from respondent Nos.3 and 4 shall be without prejudice to its right to file the civil suit for the above-mentioned reliefs.
The Writ Petition, accordingly, stands allowed to the extent indicated above.
As a sequel, WPMP.No.24063 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 13th November, 2014
LUR