Vengalrao Nagar vs The State Of Jharkhand on 9 April, 2024
Recently, in the case of Papatrao Vyankatrao Patil Vs. The State of
Maharashtra reported in (2020) SCC Online SC 291 it is held by the
Hon'ble Supreme Court that State and its instrumentality should act as a
model litigant and should not put forth false, frivolous, vexatious,
technical (unjust) contention to obstruct patch of justice and by taking
technical plea for the purpose of defeating legitimate claim of citizen and
should do what is fair and just for the citizen. 16. In view of the aforesaid
discussion and the settled proposition of law we are of the considered
opinion that the respondents were not justified in withholding the amount
of GST impact and the same is arbitrary, violative and against their own
terms of agreement. Consequently, we hold that in view of introduction
32 W.P.(T) No. 6712 of 2023
&
batch cases
of GST during the continuance of the ongoing contract, the liability to
pay GST shall be that of the Respondent JBVNL in terms of the amended
work order incorporating the impact of GST.