Court No. - 21
Case :- WRIT - C No. - 41054 of 2018 Petitioner :- M/S Prakash And Pratap Associates And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nisheeth Yadav,Sri C B Yadav(Senior Advocate) Counsel for Respondent :- C.S.C., Mukesh Kumar Kushwaha
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Prakash Padia,J.
The first petitioner is a partnership firm. The second petitioner has been authorised to file this writ petition on behalf of the first petitioner.
The grievance of the petitioners is that the Uttar Pradesh State Bridge Corporation Limited, the second respondent, has granted a contract to the petitioners to construct an approach road. The petitioners claim that they have completed the work strictly in terms of the contracts and have raised a bill for a sum of Rs.1,02,25,095/- but the said amount has not been released.
At the time of admission of the matter, the Court has asked learned counsel for the respondents to seek instruction in the matter.
Sri Mukesh Kumar Kushwaha, learned counsel for the respondents, has received the instruction. On the strength of instruction he submits that according to audit document a sum of Rs.1,02,25,095.00 is due against the respondents. The payment could not be made due to certain reasons and the respondents have made demand for payment of the said amount and as soon as the money is received by the concerned respondents, the same shall be paid to the petitioners. A copy of the instruction is taken on record.
In view of the said statement, the cause of action of the writ petition does not survive. Accordingly, the writ petition is disposed of. We hope and trust that the said amount shall be paid to the petitioners expeditiously.
No order as to costs.
Order Date :- 20.12.2018 SKT/-