Andhra Pradesh High Court - Amravati
Cache Peripherals Pvt Ltd vs Andhra Pradesh Space Application ... on 13 February, 2023
HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.2782 of 2023
ORDER:
The writ petitioner was awarded the contract for supply of Servers, Routers, Switch and Firewall vide Tender ID No.22288 of APSAC dated 24.9.2018 to the office of the respondent No.1. After receipt of the purchase order vide P.O.No.APSAC/136/2018, dated 22.10.2018, the petitioner supplied the above products and submitted Tax Invoice No.VJA/SSU/18-19/75 dated 23.11.2018 to the respondent No.1 for the total bill amount of Rs.27,43,500/- under acknowledgement. In spite of receiving the invoice and delivery challan, the respondent-Authorities did not choose to take any action to release the bill amount. Hence, the petitioner approached this Court by way of this writ petition.
2. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid amount, no payment is made. The petitioner contends that such non-payment of money is 2 clearly illegal, arbitrary and violative of principles of natural justice and consequently direct the respondents to pay the aforesaid due amount with interest to the petitioner.
3. Heard learned counsel for both sides.
4. Learned Government Pleader for Roads & Buildings, on instructions submitted that petitioner is entitled to for balance due amount of Rs.27,43,500/- and the same will be paid.
5. This Court, in various orders, including the common order dated 05.10.2021 in W.P.No.10038 of 2021 and batch passed by a learned Single Judge of this Court had taken the view that such non payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest.
6. In view of the common order passed by this Court and after hearing the submissions of learned counsel on either side, this Writ Petition is disposed of directing the respondents to release the balance due amount of 3 Rs.27,43,500/- pertaining to order vide P.O.No.APSAC/ 136/2018, dated 22.10.2018 to the petitioner within a period of twelve (12) weeks from the date of receipt of a copy of this order. It is open to the petitioner to agitate his claim for interest, if any payable by the respondents, in an appropriate forum. There shall be no order as to costs. Miscellaneous petitions, if any pending, in this case, shall stand closed.
_______________________________ JUSTICE SUBBA REDDY SATTI February 13, 2023.
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