Court No. - 35
Case :- WRIT - C No. - 60297 of 2012 Petitioner :- M/S M.G. Security Systems Respondent :- State Of U.P. And Others Counsel for Petitioner :- S.K. Tripathi,Km. Chanda Jain Counsel for Respondent :- C.S.C.,A.P. Srivastava,Neeraj Tiwari,Shri Kant Hon'ble Bharati Sapru,J. Hon'ble Saral Srivastava,J.
Pleadings have been exchanged in this matter.
Heard Shri S.K. Tripahti, learned counsel for the petitioner and Shri Shri Kant, learned counsel for the respondent nos.2 and 4.
The petitioner is a civil contractor, who has completed some work for the respondent no.2 i.e.
U.P. Awas Evam Vikas Parishad. He is now claiming his payment under the contract.
A counter affidavit has been filed on behalf of respondent nos.2 and 4. Para 12 and 13 of the same are quoted hereinbelow:
"12. That in reply to the contents of paragraphs 11 and 12 of the writ petition it is stated the Parishad has in its letter dated 06.01.2012 assured the petitioner that the payment due will be paid as soon as the balance amount of Rs.57.49 lacs will be received from the said University.
13. That in reply to the contents of paragraphs 13 to 16 of the writ petition it is stated that payments to the petitioner and other similar situated contractors could not be paid because the University is not releasing the balance contract amount of Rs.57.49 lacs to the Parishad. The Parishad is making every sincere effort to get the said balance amount from the said University."
It is admitted to the respondent nos.2 and 4 that they have taken work from the Contractor and the payment is due to him. There is no dispute with the facts at all. The Awas Evam Vikas Parishad has taken a stand in the counter that they will pay money to the contractor after receiving it from the University.
However, the contract between the petitioner and Awas Evam Vikas Parishad does not contemplate any such condition. The Awas Evam Vikas Parishad is a government body within the meaning of Article 12 of the Constitution of India. It is bound to act with fairness.
In view of above, we therefore, direct the respondent no.2 to clear the payment of the petitioner as per the contract along with the interest for the period that they delayed the payment at the usual bank rate applicable as on today.
With the aforesaid direction, the writ petition stands disposed of.
Order Date :- 26.4.2018 pks