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M/S. Maruthi Constructions v. the State of Andhra Pradesh

Andhra Pradesh HC7 Mar 2023WP/4085/2023

Case brief

AI extract

What is this about?

This is a writ petition under Article 226 of the Constitution of India seeking a mandamus directing respondents to pay dues of Rs.1.41 crores. The Court directed payment within three months.

What did the court decide?

Respondents directed to pay Rs.1,41,90,735/- within 3 months; interest claim left for appropriate forum.

What the court decided

M/S. Maruthi Constructions Vs the State of Andhra Pradesh — Andhra Pradesh HC (2023) — LawSathi Research

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HONOURABLE SMT. JUSTICE V. SUJATHA

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WRIT PETITION No.4085 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 amount of Rs.1,41,90,735/- (CFMS No.2022-2322605) even after finalizing the bills payable to the petitioner in relation the works i.e., “Special Repairs to Kuchipudi to Inampudi (VIA) Batlapenumarru from KM.0.000 to 7.400 in Krishna District” vide agreement CR No.56/2022-23 dt.23.08.2022, is questioned as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of Rs.1,41,90,735/- (CFMS No.20222322605) with interest @24 PERCENT per annum for the delayed amount to the petitioner in respect of execution of above mentioned work forthwith and pass …”

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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 Rs.1,41,90,735/-, no such 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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Heard both the learned counsel and perused the material placed on record.

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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 the learned counsel for the petitioner, learned Government Pleader for Roads & Buildings and learned counsel appearing for the respondents, this Writ Petition is disposed of directing the respondents to release the amount of Rs.1,41,90,735/- to the petitioner within a period of three (3) months 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 nor order as to costs.

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

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_________________ V. SUJATHA, J

Date: 07.03.2023.

GSS

HONOURABLE SMT. JUSTICE V. SUJATHA

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W.P. No.4085 of 2023

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Date: 07.03.2023

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GSS

M/S. Maruthi Constructions v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

M/S. Maruthi Constructions v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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