Ram Dashrath Kore vs. Chief Executive Officer Zillha Parishad Thane And Ors
Held
The Court held the writ petition was not maintainable as the respondents had not admitted the claim, and it could not adjudicate disputed contractual amounts and calculations in writ jurisdiction. It directed the petitioner to file a civil suit, granting the benefit of Section 14 of the Limitation Act.
Facts
The petitioner sought a Writ of Mandamus to direct Zilla Parishad Thane to release payment of Rs. 54,74,200.28/-, including GST, for a work order. The Court had previously indicated it would only entertain the petition if the claimed amount was admitted by the respondents.
Key Issues
Whether a writ petition under Article 226 is maintainable for a disputed money claim arising from a contract when the respondents do not admit the liability, or if the petitioner should pursue a civil suit.
AI-generated summary — verify with the full judgment below
7WP403-23.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 403 OF 2023 Ram Dashrath Kore. ...Petitioner Vs. Chief Executive Officer Zillha Parishad Thane & Ors. ...Respondents _________ Mr. Sandeep Kumar Singh, for the Applicant/Petitioner. Mr. B. V. Samant, Addl. Govt. Pleader, for the State. __________ CORAM: G. S. KULKARNI & AARTI SATHE, JJ. DATE: 3 AUGUST 2026. P.C.
This petition under Article 226 of the Constitution of India prays for the money decree. The substantive prayer reads thus:- “a) This Hon’ble Court be pleased to issue Writ of Mandamus, or a Writ, Order or Direction in the like Nature or any other appropriate Writ, order or direction, thereby directing the Respondents to release the payment of the work order dated 08.03.2019 of bill of amount of Rs.48,87,678.83/- and GST of Rs.5,86,521.45/- totally amounting to Rs.54,74,200.28/- with further interest of 18% on the said amount from November 2020 till the final release date to the petitioner.”
Although this Court on 21 March 2023 has passed an order observing that it is only if the amount claimed by the petitioner is admitted by the respondents, then only the
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Bombay High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.