Madhya Pradesh High Court
M/S Prithipal Singh And Company vs Nagar Parishad Chandameta Butaria on 14 November, 2022
Author: Chief Justice
Bench: Ravi Malimath, Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 14 th OF NOVEMBER, 2022
WRIT PETITION No. 17522 of 2022
BETWEEN:-
M/S PRITHIPAL SINGH AND COMPANY, CIVIL,
STRUCTURAL ENGINEERS AND CONTRACTORS,
REGISTERED OFFICE 165, DHARAMPETH EXTENSION
NAGPUR, A PARTNERSHIP FIRM THROUGH ITS
MANAGING PARTNER KANWARJIT SINGH ANAND,
AGED AOUT 58 YEARS S/O LATE SHRI PRITHIPAL SINGH
ANAND.
.....PETITIONER
(BY SHRI AKHILESH KUMAR JAIN - ADVOCATE)
AND
1. NAGAR PARISHAD CHANDAMETA BUTARIA
THROUGH ITS CHIEF MUNICIPAL OFFICER TEH.
PARASIA, DISTRICT- CHHINDWARA (MADHYA
PRADESH)
2. CHIEF MUNICIPAL OFFICER NAGAR PARISHAD
CHANDAMETA-BUTARIA TAHSIL PARASIA,
DISTRICT CHHINDWARA (MADHYA PRADESH)
3. COMMISSIONER URBAN ADMINISTRATION AND
DEVELOPMENT DEPARTMENT PALIKA BHAWAN,
BHOPAL (MADHYA PRADESH)
4. THE ENGINEER IN CHIEF URBAN
ADMINISTRATION AND DEVELOPMENT
D E PA R T M E N T PALIKA BHAWAN, BHOPAL
(MADHYA PRADESH)
5. THE CHIEF ENGINEER URBAN ADMINISTRATION
AND DEVELOPMENT DEPARTMENT PALIKA
BHAWAN, BHOPAL (MADHYA PRADESH)
2
6. STATE OF MADHYA PRADESH THROUGH THE
PRINCIPAL SECRETARY, URBAN DEVELOPMENT
AND HOUSING DEPARTMENT VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(SHRI HARPREET RUPRAH - ADDITIONAL ADVOCATE GENERAL)
This petition coming on for admission this day, Hon'ble Shri Justice
Ravi Malimath, Chief Justice passed the following:
ORDER
The case of the petitioner is that he was awarded a contract after his bid was accepted for designing, construction, commissioning and performance of intake well 6.00 m dia and 16.00 m high with Raw water pump house of 6 m height and approach bridge, the work shall include supply, installation and commissioning of Raw water and clear water pumps with necessary substation providing laying, jointing and Raw/clear water pumping main, construction of treatment plant, clear water pump well and clear water pump house, over head tanks, distribution, network and HT feeder line complete. It is his case that he has completed the work to the satisfaction of the respondents. However payments have not been made. Inspite of repeated requests to the respondents, no payments have been made. The payments have remained unpaid. Hence, the instant petition is filed seeking for a direction to the respondents to release the overdue balance amount to the petitioner and other consequential benefits.
The same is opposed by the learned Additional Advocate General. He contends that these are all matters of contract and hence appropriate remedy lies elsewhere. Even otherwise, the petitioner has already invoked the jurisdiction of the MSMED Act, 2006 for claiming the amounts. Hence no relief could be granted.
3On hearing learned counsels, we do not find any merit in this petition. The amounts due to the petitioner as claimed by him are matters arising out of contract. The petitioner has a remedy elsewhere. Therefore, it would not be appropriate for the writ court to act as a medium in order to ensure that the payments are made to the petitioner. It is also stated in para 5.11 of the petition that the alternative remedy has already been invoked by the petitioner. Hence we find no good ground to entertain this petition.
The writ petition is dismissed.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
Prar
Digitally signed
by PRARTHANA
SURYAVANSHI
Date:
2022.11.16
14:13:42 +05'30'