The petitioner challenged non-payment under a construction agreement, claiming incomplete work. The Court held it cannot adjudicate disputed factual questions regarding entitlement but directed the petitioner to provide bank details for E-Payment.
Petitioner directed to provide bank account details for E-Payment of admissible dues.
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Court No. - 36
Case :- WRIT - C No. - 20951 of 2018
Petitioner :- Kanti Swaroop Jindal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Ajit Kumar,J.
The instructions supplied by the learned Standing Counsel are taken on record.
The dispute is sought to be raised for the amount to which the petitioner seeks payment under the agreement signed by him, with the assertion that the petitioner has not completed the construction work. It is further contended contended that the amount which is payable to the petitioner can be transferred through E-Payment System for which bank account details have not been provided by him.
In so far as the dispute with regard to entitlement of the petitioner to the payment towards construction work completed by him is concerned, this Court under Article 226 of the Constitution of India cannot adjudicate as it may involve disputed questions of fact.
Further in so far as, the admissible dues of the petitioner are concerned, it is open for him to provide bank account details so that the money may be transferred through E- Payment System.
With the above observations, the writ petition is disposed of.
Order Date :- 11.6.2018 Sanjeev
2 issues framed by the court
Whether this Court can adjudicate disputed questions of fact regarding the petitioner's entitlement for construction work payment under Article 226.
Whether the petitioner can be directed to provide bank account details for E-Payment of admissible dues.
1 provisions across 1 enactments
Kanti Swaroop Jindal
State Of U.P.
3 Others
Sunita Agarwal
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
