Court No. - 40
Case :- WRIT - C No. - 29068 of 2021 Petitioner :- M/S Nihal Uddin And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohammad Waseem,Bhola Nath Yadav Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vikram D. Chauhan,J.
Petitioner has approached this Court with the grievance that though it has performed its part of the obligation under the contract, yet the admitted dues payable to petitioner in terms of the agreement dated 24.1.2019 has not been released, so far. Reliance was placed upon a judgment of the Supreme Court in the case of M/s Surya Constructions Vs. State of Uttar Pradesh, (2019) 4 SCJ 226.
Taking note of such contention, we passed following orders on 2.12.2021:-
"Grievance is that admitted dues of petitioner on account of contract work performed by petitioner is not being released, despite specific direction by the authorities themselves.
Learned Standing Counsel may obtain instructions in the matter, by the next date fixed.
Put up as fresh, once again, on 17.12.2021."
Learned Standing Counsel has obtained instructions from the concerned Executive Engineer at Bareilly, as per which petitioner's claim has already been processed and the amount which is found due and payable has been processed to be released to the petitioner. Copy of the instructions, in that regard, has also been furnished to counsel for the petitioner today in Court.
In view of the above, we dispose off this writ petition with a direction upon the respondents to ensure that admitted dues of petitioner are released in terms of the stand taken today in Court, within a period of six weeks from the date of presentation of a certified copy of this order. If the petitioner is aggrieved by the determination of dues payable to it, it shall be open for the petitioner to either initiate proceedings for arbitration or to approach the civil court.
Order Date :- 17.12.2021 Anil