Abl International Ltd. & Anr vs Export Credit Guarantee Corportion Of ... on 18 December, 2003
“Due to aforesaid facts and description it is clear
Date: 2019.03.13
17:24:52 IST
Reason:
that Rs.113.29 lacs has to be released by
Government/Mela Administration against the Budget
presented by U.P. Jal Nigam, Magh Mela 2008-09.
1
CIVIL APPEAL NO. 2610 OF 2019
(Arising out of SLP (C) No. 29505 of 2014)
There is no money available under account of Magh
Mela 2008-09 of U.P. Jal Nigam. And could not
obtained the rest of amount from the Mela
Administration/Government. Therefore, payment
regarding M/s. Surya Construction, 323/3, Alopibagh,
Allahabad will be paid after availability of the
money from the Government.”
It is clear, therefore, from the aforesaid order dated
22.03.2014 that there is no dispute as to the amount that
has to be paid to the appellant. Despite this, when the
appellant knocked at the doors of the High Court in a writ
petition being Writ Civil No. 25216/2014, the impugned
judgment dated 02.05.2014 dismissed the writ petition
stating that disputed questions of fact arise and that the
amount due arises out of a contract. We are afraid the High
Court was wholly incorrect inasmuch as there was no disputed
question of fact. On the contrary, the amount payable to
the appellant is wholly undisputed. Equally, it is well
settled that where the State behaves arbitrarily, even in
the realm of contract, the High Court could interfere under
Article 226 of the Constitution of India [‘ABL International
Ltd. and Another v. Export Credit Guarantee Corporation of
India Ltd. and Others’ (2004 (3) SCC 553)].