M/S SAINT SOLIDER ENGINEER AND CONTRACTOR PVT LTD TH SHAM SINGH JAMWAL v. U T OF J AND K TH COMMISSIONER SECRETARY PWD R AND B DEPTT AND OTHERS
Court: High Court of Jammu and Kashmir
Bench: HON'BLE MR. JUSTICE JAVED IQBAL WANI
Judgment date:
Case summary
High Court of Jammu and Kashmir judgment dated 2024-09-09. M/S SAINT SOLIDER ENGINEER AND CONTRACTOR PVT LTD TH SHAM SINGH JAMWAL v. U T OF J AND K TH...
Judgment text
Sr. No. 25 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2567/2022 CM No. 7089/2022 M/s Saint Solider Engineer and ….. Appellant(s)/Petitioner(s) Contractor Pvt. Ltd. Through: Mr. Gagan Kohli, Advocate Vs . …. Respondent(s) UT of J&K and ors. Through: Mr. Ravinder Gupta, AAG Coram: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE ORDER 09. 09. 2024 1. Reply has not been filed by the respondent despite availing multiple opportunities. 2. Learned counsel for the petitioner would insist for consideration and disposal of the petition at this stage by directing the respondents to consider the claim of the petitioner projected in the petition for payment of outstanding bill amount for the works executed by the petitioner having been allotted by the respondents, without any further delay. Heard learned counsel for the parties and perused the record. 3.
The short grievance projected by the petitioner in the instant petition is that being a contractor he came to be allotted three works for providing 20 mm thick open graded premix carpet on link road from Abdal to Bakerpur and PHC Sai Moila to Bhule Chak (length=4. 50kms under NABARD amounting to Rs. 31,72,500/- in terms of order dated 14. 08. 2015 after the petitioner was found to be the lowest bidder for the works in question, whereafter the petitioner executed the 2 WP(C) No. 2567/2022 said works including the enhanced works as ordered by the respondents for which an appropriate sanction had been granted on 21. 08. 2019 and upon satisfactory completion of the works in question, the petitioner raised the bill for release of amount of Rs. 40,66,729/- before the respondents which bill was verified and certified by respondent 3 yet the respondents did not despite repeated demands release the amount in question in favour of the petitioner necessitating the filing of the instant petition.
4. As has been noticed in the preceding paras, the respondents since have failed to file reply to the petition despite availing opportunities granted, it is under these circumstances deemed appropriate to dispose of the instant petition at this stage, more so, in view of the prayer made by the counsel for the petitioner. 5. Accordingly, the petition is taken up for final disposal and is disposed of with a direction to the respondents to accord effective consideration to the claim of the petitioner for release aforesaid un-paid amount without any further delay preferably within a period of eight weeks from the date a copy of this order is produced by the petitioner before the respondents. The said consideration be accorded to the claim of the petitioner on its own merits and uninfluenced by any observation made by the Court. 6. Disposed of. (Javed Iqbal Wani) Judge Jammu 09. 09. 2024 Neha-II Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No NEHA KUMARI 2024.
09. 10 13:15 I attest to the accuracy and integrity of this document
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