Supreme Court - Daily Orders
M/S Ravi Construction And Anr vs State Of Up And Ors on 18 April, 2023
Author: Surya Kant
Bench: Surya Kant
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No.2897/2023
(@ S.L.P.(Civil) No.31189/2016)
M/S RAVI CONSTRUCTION AND ANR Appellant(s)
VERSUS
STATE OF UP AND ORS Respondent(s)
O R D E R
Leave granted.
2. Appellant No.1 is a Proprietor Firm and Appellant No.2 is its Proprietor.
3. The appellant firm is a duly approved Class `A’ Contractor undertaking civil construction works with the U.P. Irrigation Department. The appellants entered into an agreement on 11022006 with the Respondent – Authorities for different kinds of civil and construction works. Those works were duly completed to the satisfaction of the Authorities and final bill for payment was raised in December, 2009. Since the entire payment was not made, the appellants made a representation for the release of outstanding amount of Rs.21,09,000/ and Rs.7,38,000/ deducted towards security. As both these payments were not released, the appellants approached the High Court of Judicature at Allahabad by way of a Writ Petition which has been dismissed vide impugned Order dated Signature Not Verified 1942016 primarily on the ground of nonmaintainability as the Digitally signed by VISHAL ANAND Date: 2023.04.21 19:09:32 IST Reason: appellants have got an alternative remedy to file a civil suit or initiate arbitration proceedings.
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4. When this matter was taken up for hearing on 14032023, learned Senior Counsel for the State of U.P. sought time to have clear instructions with regard to release of the balance amount. He has got written instructions to the effect that substantial amount has already been paid to the appellants. There appears to be, however, no dispute that balance amount of Rs.21,09,000/ as well as security amount of Rs.7,38,000/ has not been released to the appellants so far. That being so, we are of the considered view that the High Court ought to have entertained the Writ Petition and issue appropriate directions, for the Respondent – Authorities are expected to act in a fair and just manner.
5. Consequently, the appeal is allowed. The impugned order dated 19042016 of the High Court is set aside with a direction to the respondent – Authorities to determine the balance amount payable to the appellants along with security amount and release the due payment within a period of eight weeks from the date of receipt of a copy of this order.
6. The appeal is disposed of in the aboveterms.
…………………………………J (SURYA KANT) …………………………………J (J.B. PARDIWALA) NEW DELHI 18TH APRIL, 2023.
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ITEM NO.16 COURT NO.9 SECTION IIIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Special Leave Petition (Civil) No.31189/2016 (Arising out of impugned final Judgment and order dated 19042016 in WC No.16850/2016 passed by the High Court of Judicature at Allahabad) M/S RAVI CONSTRUCTION AND ANR Petitioner(s) VERSUS STATE OF UP AND ORS & ORS. Respondent(s) Date : 18042023 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE J.B. PARDIWALA For Appellant(s) Mr. Ravi Prakash Mehrotra, Adv. Mr. Parmod Kumar, Adv. Mr. Jabar Singh, Adv.
Mr. Rupinder Walia, Adv. For M/s.V. Maheshwari & Co., AOR For Respondent(s) Mr. V.K. Shukla, Sr. Adv. Mr. Rajeev Kumar Dubey, Adv. Mr. Ashiwan Mishra, Adv. Mr. Kamlendra Mishra, AOR Mr. Pradeep Misra, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of, in terms of the signed Order.
(VISHAL ANAND) (PREETHI T.C.) ASTT. REGISTRARcumPS COURT MASTER (NSH)
(Signed Order is placed on the file) 4