Court No. - 1
Case :- WRIT - C No. - 38033 of 2019 Petitioner :- M/S Arun Kumar Mishra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sudhir Kumar (Chandraul),Santosh Kumar Mishra Counsel for Respondent :- C.S.C.,Pranjal Mehrotra,Vimlesh Kumar Rai
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri Sudhir Kumar Chandraul, learned counsel for the petitioner, Sri Vimlesh Kumar Rai, learned counsel for the respondent Nos. 2 to 5, learned Standing Counsel for the State respondent and perused the record.
While entertaining this writ petition as amount of the contract money was admitted to the respondents, we had directed respondent No.4 to file his personal affidavit.
Today, a personal affidavit of Sri Shiv Pal Singh, Superintendent Engineer, XV Circle, U.P. Jal Nigam, Jhansi has been placed before this Court, which is taken on record.
In paragraph 2 of the affidavit it is admitted that Rs.11,52,414/- are still pending as an admitted amount but the same could not be deposited due to paucity of fund. It is also pleaded in the affidavit that there is huge financial crisis.
Be that as it may, if the contractor has invested money incurring expenditure cost and the work under the contract has been carried out, it is the liability of the respondents to pay the same and also pay the interest for the delayed payment of such admitted amount in view of the Apex Court judgment in the case of M/s Surya Constructions v. State of U.P. and others (Civil Appeal No.- 2610 of 2019 decided on 8th March, 2019).
In view of the above, we direct the respondent No.- 2 to make payment of the admitted amount in paragraph 2 of the affidavit which is Rs.11,52,414/- within a period of two months from today. If there is any further grievance left regarding payment, the same can be claimed by the petitioner by initiating appropriate proceedings under the common law.
With the aforesaid observations/ directions, the writ petition stands disposed of.
Order Date :- 29.11.2019 Atmesh (Ajit Kumar,J.) (Ramesh Sinha,J.)