IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA WRIT PETITION NO.48966/2016 (GM-TEN) BETWEEN:
M/S. TOPKIT GARMENTS OFFICE: NO.112/B BRIGADE ROAD OPP. LEE SHOW ROOM BENGALURU-560 001.
REPRESENTED BY ITS PARTNER MR. FAROOQ PASHA S/O: MOHAMMED NARULLA AGED ABOUT 68 YEARS.
…PETITIONER (BY SRI RAJENDRA C. DESAI, ADV.) AND:
1. THE DIRECTOR GENERAL NCC HEADQUARTERS DGNCC-INTEGRATED HEADQUARTERS OF MOD (ARMY) WEST BLOCK-4 R.K.PURAM NEW DELHI-110 066.
2. THE DEFENCE SECRETARY C/O. MINISTRY OF DEFENCE SOUTH BLOCK ARMY HEADQUARTERS NEW DELHI-110 001.
3. CHIEF OF ARMY STAFF C/O.ARMY INTEGRATED HEADQUARTERS MOD (ARMY) 1ST FLOOR, SOUTH BLOCK ARMY HEADQUARTERS NEW DELHI-110 001.
4. THE PRINCIPAL C.D.A. NO.107, LOWER AGRAM ROAD AGRAM POST BENGALURU-560 007.
5. THE DEPUTY DIRECTOR GENERAL N.C.C. DIRECTORATE KARNATAKA & GOA, NO.8, CUNNINGHAM ROAD BENGALURU-560 052.
(BY SRI KRISHNA S. DIXIT, ASG) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO RELEASE THE PAYMENT DUE TO THE PETITIONER AND PAY RS.51,07,710/- [RUPEES FIFTY ONE LAKH, SEVEN THOUSAND, SEVEN HUNDRED AND TEN ONLY] ALONG WITH INTEREST AT THE RATE OF 12% P.A. FROM DUE DATE TILL DATE OF FILING OF THIS PETITION, WHICH AMOUNTS TO RS.53,45,417/- [RUPEES FIFTY THREE LAKH, FORTY FIVE THOUSAND, FOUR HUNDRED AND SEVENTEEN ONLY] ALSO DIRECT THE RESPONDENT TO PAY FUTURE INTEREST AT THE RATE OF 12% P.A. TILL THE RECOVERY OF THE SAID AMOUNT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner is before this Court seeking issue of mandamus to direct the respondents to release the payment due to the petitioner for the supplies made. The petitioner is further seeking that the respondents be directed to pay interest on the said amount.
2. Notice of this petition was ordered to the respondents.
3. It is not in dispute that subsequent to filing of this petition, the amount as payable under the bills are stated to have been paid to the petitioner. The learned counsel for the petitioner submits that the amount claimed under the bills have been paid to the petitioner and as such, the learned counsel for the petitioner contends that the prayer to direct the respondents to pay interest on the said amount be considered.
4. Sri Krishna S. Dixit, learned Assistant Solicitor General would refer to the communication dated 02.04.2008 (Annexure-S) to contend that, with regard to the supplies made, certain issues had been raised by respondent No.1 and as such, the claim of the petitioner itself would not be justified.
5. Be that as it may, since, the learned counsel for the petitioner submits that the bill amount has been received, the only issue that remains for consideration herein is with regard to the interest as claimed by the petitioner. In any event, in a matter pertaining to purchase/contract between the parties, a consideration to direct payment of interest would not arise in a writ petition since, those are aspects which can only be raised in an appropriate proceedings to come to a conclusion as to whether entitlement for interest as claimed would be justified.
6. Therefore, on that aspect, I decline to entertain the writ petition. However, liberty is reserved to the petitioner to make an appropriate representation to the respondents in that regard. On the representation being considered by the respondents, if the petitioner does not get the benefit thereto and any further grievance survives, the petitioner may avail his remedies in accordance with law.
The petition is accordingly disposed of.
Sd/- JUDGE ST