Rajasthan High Court - Jaipur
M/S Jmd Consultants vs Rajasthan Technical University on 23 April, 2019
Author: Veerendr Singh Siradhana
Bench: Veerendr Singh Siradhana
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 26230/2018
M/s Jmd Consultants, Proprietor Sandeep Vijay S/o. Shri Prabhu
Lal Vijay Having Its Office At 206, Al-Hatmi Complex, Shopping
Centre, Kota Through Power Of Attorney Holder Shri Gaurav
Kumar Sharma S/o Shri Yogesh Kumar Sharma, Resident Of
House No. 8, Gulab Bagh, Bajrang Nagar, Kota (Raj.)
----Petitioner
Versus
1. Rajasthan Technical University, Through Its Vice
Chancellor, Rajasthan Technical University, Rawat Bhata
Road, Akeljarhgarh, Kota (Raj.)
2. Registrar, Rajasthan Technical University, Rawat Bhata
Road, Akeljargarh, Kota (Raj.)
3. Dean Faculty Affairs, Rajasthan Technical University,
Rawat Bhata Road, Akeljarhgarh, Kota (Raj.)
4. Professor S.c. Jain, Dean Faculty Affairs, Rajasthan
Technical University, Rawat Bhata Road, Akeljarhgarh,
Kota (Raj.)
----Respondents
For Petitioner(s) : Mr. Shailesh Prakash Sharma For Respondent(s) :
HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA Order 23/04/2019 Despite service of notice on the respondents, none has put in appearance.
This Court is not oblivious of the fact that the writ application instituted by the petitioner involves a dispute as to payment consequent upon completion of the contract.
According to the learned counsel for the petitioner, even the security deposited has also been refunded to the petitioner in the (Downloaded on 28/06/2019 at 01:35:49 AM) (2 of 2) [CW-26230/2018] month of March, 2018; yet the payment due is not being released. It is further pointed out that work contract awarded to the petitioner was completed and confirmation of the supplied items so also installation as per the purchase order, was also demonstrated, as would be evident from the document (Annexure-4). However, for oblique motives, the due payment of the petitioner has been withheld for which a specific allegation has been made against the respondent No.4, who has been served with the copy of the writ application, still has not responded.
The instant case at hand demonstrates the practice in vogue while dealing with the financial matter in the respondent - Rajasthan Technical University - an educational establishment.
In view of the above, respondent No.4 is directed to remain present in person on the next date of hearing to explain the reasons for non-appearance and for not filing of the response to the writ application while withholding the due payment of the petitioner on successful completion of the contract and a sanction order issued for release of the payment due vide office order dated 13th July, 2018.
Matter be listed again on 29th April, 2019. Deputy Registrar (Judicial) is directed to transmit a copy of this order to the respondents through Fax.
(VEERENDR SINGH SIRADHANA),J SUNIL SOLANKI /19/94 (Downloaded on 28/06/2019 at 01:35:49 AM) Powered by TCPDF (www.tcpdf.org)