Allowed

M/S. Raghava Constructions (India) Pvt. Ltd., v. the State of Andhra Pradesh

Andhra Pradesh HC29 Mar 2023WP/3420/2023

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging the withholding of a bill amount of approximately Rs. 9.69 crore related to road improvement work. The Court held the non-payment was arbitrary and directed the Respondents to release the amount within three months.

What did the court decide?

Respondents directed to release Rs. 9,69,49,860/- within three months of receiving the order copy.

M/S. Raghava Constructions (India)… — Contract and Commercial Disputes | Andhra Pradesh HC (2023)

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.3420 of 2023

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ORDER :

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The present Writ Petition came to be filed under Article 226

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of the Constitution of India seeking the following relief:-

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“…to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of first and part bill of Rs.9,69,49,860/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., “Improvements to Burlapalle- T.Sadum-Chennarayunipalle road from Km 0/0 to 18/300 in chittoor district” (working reach from km 8/300 to 18/300)” vide agreement No.115/2021-22, dt.09.11.2021”, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of first and part bill of Rs.9,69,49,860/ with interest @12% per annum for the delayed amount to the petitioner in respect of execution of abovementioned work forthwith and pass such other order or orders … .”

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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 contend 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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Learned Government Pleader for Roads & Buildings, on instructions submitted that petitioner is entitled for a bill amount of Rs.9,69,49,860/-.

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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 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 on both sides, this Writ Petition is disposed of directing the respondents to release total amount of Rs.9,69,49,860/- to the petitioner within a period of three (3) months from the date of receipt of a copy of this order. There shall be no order as to costs.

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Accordingly, this Writ Petition is disposed of. There shall be

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no order as to costs.

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Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.

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_______________________ JUSTICE V.SUJATHA

Date : 29.03.2023

KGR

248

HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.3420 of 2023

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Date : 29.03.2023

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KGR

M/S. Raghava Constructions (India) Pvt. Ltd., v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

M/S. Raghava Constructions (India) Pvt. Ltd., v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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