Disposed

Sameer Das v. State of Chhattisgarh

Chhattisgarh HC17 Jun 2019WPC/1917/2019

Case brief

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What is this about?

In a writ petition regarding non-payment for completed works, the High Court of Chhattisgarh relied on a Division Bench observation to direct the respondent to examine a fresh representation and release undisputed claims within 3 months.

What did the court decide?

Petitioner directed to submit fresh representation within 4 weeks; authority directed to examine and release admitted claims within 3 months.

Sameer Das Vs State of Chhattisgarh — Contract and Commercial Disputes | Chhattisgarh HC (2019)

WPC No. 1917 of 2019

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

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WPC No. 1917 of 2019

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Sameer Das S/o Shri S. Das Aged About 45 Years Proprietor Maa Danteshwari Decorators and Tent House Main Road Dantewada, District Uttar Bastar Dantewada Chhattisgarh.

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---- Petitioner

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Versus

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State Of Chhattisgarh Through The Secretary, Public Work Department Mantralaya, Mahanadi Bhawan, Atal Nagar Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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The Collector Bijapur District Bijapur, Chhattisgarh., District : Bijapur, Chhattisgarh

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---- Respondent

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For Petitioner :- Shri Amit Kumar, Advocate For Respondent-State :- Shri Aditya Bhardwaj, P.L.

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Order On Board By

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Hon'ble Justice Shri Prashant Kumar Mishra

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17/06/2019

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Petitioner has executed a works contract awarded to him for decoration in the Mini Olympic Bijapur, Mini Olympic Bhairamgarh and for the Mukhyamantri Awas Bhairamgarh. According to the petitioner, the entire work has been

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WPC No. 1917 of 2019

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completed, however, despite the completion of the work and raising the final bills payment is not made to the petitioner.

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I have heard learned cousnel for the petitioner and perused the record.

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In the matter of Om Sai Traders and Tent House vs. State of Chhattisgarh in WA No.38 of 2015 , Division Bench of this Court has held that for releasing of admitted money claim, a writ petition would be maintainable, therefore, considering the said observation by the Division Bench it is deemed appropriate that the writ petition is disposed of with direction that in the event petitioner submits fresh representation within 4 weeks along with copy of the bills raised by him before Competent Authority responsible for making payment, the said authority shall examine the issue and if the claims raised by the petitioner are admitted or undisputed the same shall be released within terms of contract. The representation shall be decided within a period of 3 months from the date of submission.

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Sd/(Prashant Kumar Mishra) Judge

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Ankit

Sameer Das v. State of Chhattisgarh

Case brief

What is this about?

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Sameer Das v. State of Chhattisgarh

Case brief

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