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M/S. Sai Q and S Solutions v. the State of Andhra Pradesh

Andhra Pradesh HC6 Dec 2022WP/37746/2022

Case brief

AI extract

What is this about?

This Single Judge's order disposed of a writ petition seeking direction for payment of Rs. 34.70 lakhs due under a government contract for helipad construction. The court held that non-payment of admitted dues is arbitrary and directed the respondents to release the amount within eight weeks, leaving the matter of interest for a separate forum.

What did the court decide?

Release of Rs. 34,70,000/- to the petitioner within eight weeks from the date of receipt of the order copy.

M/S. Sai Q and S Solutions Vs the… — Contract and Commercial Disputes | Andhra Pradesh HC (2022)

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THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

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W.P. No. 37746 of 2022

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O R D E R:

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The writ petitioner had been awarded the contract of execution of work i.e., Providing Helipad and Barricading Arrangements at Sattenapalli in view of the visit of Hon’ble Chief Minister of Andhra Pradesh on 18.01.2019 to Inauguration of NTR Statue and NTR Park at Sattenapalli in Guntur District. After execution of the said contract, a final bill for Rs.34,70,000/- (Rupees Thirty Four Lakhs Seventy Thousand) had been prepared on the basis of the Measurement Book. As the payment of the said amount has not been made by the respondents, the petitioner has approached this Court by way of this writ petition.

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It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid amount, no payment is made. The petitioner contends that such non-payment of money is clearly illegal, arbitrary and violative of principles of natural justice and consequently direct the respondents to pay the aforesaid due amount with interest to the petitioner.

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This Court, in various orders, including the common order dated 05.10.2021 in W.P.No.10038 of 2021 and batch passed by a learned Single Judge of this Court had taken the view that such non payment of dues of this Court had taken the view that such non payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest.

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In view of the common order passed by this Court and after hearing the submissions of learned counsel for the petitioner, learned Government Pleader for Roads and Buildings and learned counsel appearing for the respondents, this Writ Petition is disposed of directing the respondents to release the amount of Rs.34,70,000/(Rupees Thirty Four Lakhs Seventy Thousand) to the petitioner within a period of eight (08) weeks from the date of receipt of a copy of this order. It is open to the petitioner to agitate his claim for interest, if any payable by the respondents, in an appropriate forum. There shall be no order as to costs.

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As a sequel, pending miscellaneous petitions, if any, shall stand closed.

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_______________________________ JUSTICE T RAJASEKHAR RAO

Date: 06.12.2022

TJN

THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

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W.P. No. 37746 of 2022

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Date: 06-12-2022

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TJN

M/S. Sai Q and S Solutions v. the State of Andhra Pradesh

Case brief

What is this about?

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M/S. Sai Q and S Solutions v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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