Court No. - 39
Case :- WRIT - C No. - 7124 of 2021 Petitioner :- M/S Skylink Construction Pvt. Ltd. Respondent :- The Chief Executive Officer And 3 Others Counsel for Petitioner :- Tarun Pratap Singh Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Sri Kartikeya Saran, learned Advocate appearing for the petitioner at the outset states that certain mistakes have occurred in the array of the parties in the memo of the writ petition. He prays for and is permitted to make the necessary corrections within the course of day.
It is sought to be submitted that the petitioner had entered into an agreement dated 23.09.2009 for construction of building Zila Panchayat, Surajpur.
It is submitted that the work under the contract has been completed by the petitioner in the year, 2013 but payment has not been released to the petitioner till date. The representations have been moved by the petitioner for grant of payment but no decision has been taken.
The prayer in the writ petition are as follows:
"A) issue a writ, order or direction in the nature of Mandamus directing and commanding the respondents to decide the representation dated 28/05/2020 & 16.06.2020 and decide claim of the petitioner within a specified time frame, release payment to the petitioner of the outstanding amount by the Zila Parishad, Gautam Budh Nagar, Noida within a specified time;
B) Issue any suitable writ, order or direction in the nature of mandamus directing the respondents to release/ pay the admitted amount as per the work summary document/ order, amounting to Rs. 4,72,32,778.38/- (Rupees Four Crore Seventy Two Lakh Thirty Two Thousand Seven Hundred Seventy Eight Thirty Eight Paisa Only);"
Considering the above, without entering into the merits of the claim of the petitioner, we dispose of the present petition with the direction to the respondent no.1 namely Chief Executive Officer/ Senior Chief Officer Zila Parisad, Gautam budh Nagar, Noida, U.P. to examine the bills submitted by the petitioner and make payment of undisputed amount within the shortest period. However, in case of any dispute with regard to the bills raised by the petitioner or the work executed by it, it would be open for the respondent no.1 to pass a reasoned and speaking order, in accordance with law.
Order Date :- 30.7.2021 Radhika