Disposed

Marven Creative Services v. The State of Andhra Pradesh

Andhra Pradesh HC18 Nov 2024WP/1677/2023

Case brief

AI extract

What is this about?

An advertising agency sought payment of outstanding dues for printing government schemes in newspapers. The respondents admitted the claim but cited non-release of budget. Relying on earlier High Court judgments directing release of such dues, the court disposed of the petition by directing payment with interest.

What did the court decide?

Direction to pay Rs.3,17,45,412/- plus 6% per annum interest within six months; pending miscellaneous petitions closed.

Marven Creative Services Vs The… — Contract and Commercial Disputes | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATJ
(Special Original Jurisdiction) 'O
TUESDAY, THE NINETEENTH DAY OF NOVEMBER 3
o
TWO THOUSAND AND TWENTY FOUR oo
PRESENT fe/H

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 1677 OF 2023

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Between:

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M/s.Marven Creative Services, rep., by it's Managing Partner, GajaNagaraju, S/o.G.Subbanna, Aged about 52 years. Office Address: Door No.3-6-200/401, Flat No.401, Behind Minerva Hotel, Arunodaya Apartments, Himayathnagar, Hyderabad.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep., by its Principal Secretary, Finance and Planning Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

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The Commissoner, Information and Public Relations Department,^NTR Administrative Block, 2nd floor. Pandit Nehru Bus Station, Vijayawada.

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The Director, Department of Social Welfare, Government^ofAndhra Pradesh,T.G.Plaza, Tadepalli (V and M), Guntur District.

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The Vice Chairman and Managing Director, A.P.State^Minorities Finance Corporation Limited, Vijayawada.

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The Engineer in Chief, Water Resources Department, Vijayawada.

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The Managing Director, A.P.State Housing Corporation Ltd., SP River View Apartments, Tadepalli, Guntur.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate order or direction more particularly one

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in the nature of Writ of Mandamus declaring the inaction on the part of the respondents in paying an amount of Rs.3,17,45,412/-for advertising the various Government Schemes in the Print Media ie.. News Papers where the work was assigned through work orders in RO.No.22/DisplayAgency/Ad vt. 1 -2/2018-19/2 dated 02-01-2019, RO.No.24/DisplayAgency/Advt. 1-2/2018-19/1, dated 04-01-2019., RO.No.13/Display-AgencyPP/Advt. 1/2018-19/1, dated 14-09-2018, RO.No.02/Display AgencyPP/Advt.1/2018-19/3, dated 13-04-2018, RO. No.09/Display-Agency PP/Advt.1/2018-19/2, dated 04-07-2018 and Lr.No.2247/APSMFC/ADMN/AS/2019, dated 01-03-2019 as illegal, arbitrary and quite contrary to the well established legal principles apart from being violative of the fundamental rights guaranteed to petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents to pay an amount of Rs.3,17,45,412/-/-^{inconnectionwithwork} orders in RO.No.22/Display-Agency/Advt. 1-2/2018-19/2, dated 02-01-2019, RO. No.24/Display-Agency/Advt. 1-2/2018-19/1, dated 04-01-2019, RO.No.13/Display-Agency-PP/Advt.1/2018-19/1, dated 14-09-2018, RO.No.02/Display Agency-PP/Advt. 1/2018-19/3, dated 13-04-2018, RO.No.09/Display-Agency-PP/Advt.1/2018-19/2, dated 04-07-2018 and Lr.No.2247/APSMFC/ADMN/AS/2019, dated 01-03-2019 to the petitioner Company forthwith and pass

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to pay an amount of Rs.3,17,45,412/-in connection with work orders in RO.No.22/Display-Agency/Advt.1-2/^2018- 19/2, dated 02-01-2019, RO.No.24/Display-Agency/Advt. 1-2/2018-19/1, dated 04-01-2019, RO.No.13/Display-Agency-PP/Advt.1/2018-19/1, dated 14-09-2018, RO.No.02/Display Agency-PP/Advt. 1/2018-19/3, dated 13-042018, RO.No.09/Display-Agency-PP/Advt.1/2018-19/2, dated 04-07-2018

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and Lr.No.2247/APSMFC/ADMN/AS/2019, dated 01-03-2019 to the petitioner Company forthwith pending disposal of the^{aboveWritPetition.}

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Counsel for the Petitioner : SRI P KAMLAKAR

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Counsel for the Respondent No.1: GP FOR FINANCE PLANNING

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Counsel for the Respondent No.2: GP FOR GENERAL ADMINISTRATION

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Counsel for the Respondent No.3: GP FOR SOCIAL WELFARE

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Counsel for the Respondent No.4: Ms. SULTANA SHAIK

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Counsel for the Respondent No.5 : GP FOR IRRIGARION^COMMAREA DEV

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Counsel for the Respondent No.6: SRI E.V. JAGANNADHA^RAO

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(SC FOR AP STATE HOUSING COOP LTD)

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The Court made the following Order:

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::1::

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APHC010034572023

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3329]

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(Special Original Jurisdiction)

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TUESDAY ,THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 1677/2023

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Between:

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Marven Creative Services ...PETITIONER

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AND

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The State Of Andhra Pradesh and Others ...RESPONDENT(S)

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Counsel for the Petitioner:

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1.P KAMLAKAR

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Counsel for the Respondent(S):

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E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD)

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2.GP FOR FINANCE PLANNING

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3.GP FOR GENERAL ADMINISTRATION

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4.GP FOR SOCIAL WELFARE

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5.SULTANA SHAIK

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6.GP FOR IRRIGATION COMM AREA DEV

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The Court made the following:

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ORDER:

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The petitioner had been awarded various works contract for printing of different Government Schemes and Welfare measures in the News Papers i.e.. Print Media. After execution of the said contracts, final bills were prepared for a sum total of Rs.4,13,96,591/as per the sanctioned orders. Out of the said amount, the petitioner company^hasreceived partial amount and the outstanding amount is Rs.3,17,45,412/-. 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 sum of money, no payment is being made. The petitioner contends that such non-payment of money is clearly arbitrary and high handed requiring the interference of this Court.

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This Court, in various orders, including the judgment^ofalearned Single Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021 and batch 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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::3::

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On the other hand, Counter affidavit has been filed by Respondents while admitting about the claim of the petitioner, he would submit that. since the budget was not released by the Government,^{thebillswerenot} paid to the petitioner. Soon after release of the budget by the Government, the bills will be paid to the petitioner.

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In view of the aforesaid directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioner and learned Government Pleader for the Respondents, this Writ Petition is disposed of with a direction to the respondents to^{releasetheamountof} Rs.3,17,45,412/to the petitioner along with the interest @ 6% per annum, in view of the judgment of the Hon’ble Division^Bench of this Court in Writ Appeal No.724 of 2021 and batch dated 12.10.2023, within a period of six (6) months from the date of receipt of a copy of this order. It would also be open to the petitioner to agitate his claim for higher rate of interest, if any payable by the respondents, in an appropriate forum. There shall be no order as to costs.

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

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Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER

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To,

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