Ms Narula Construction vs. Union Of INDIA
Facts
The petitioner, a civil contractor, was awarded a contract by Bharat Scout and Guide, U.P. (respondent no. 2 and 3) for the construction of a State Training Centre at Shitlakhet, Almora. The petitioner claims to have completed the work satisfactorily but has not received payment. The petitioner sought a writ of mandamus to compel the respondents to release payment of Rs. 11,13,217/- for the original contract work, Rs. 34,28,927/- including GST for additional changed work, and Rs. 10,00,000/- deposited as security, totaling Rs. 55,42,144/-, along with interest. The petitioner had previously made a representation regarding his grievances.
Held
The Court acknowledged the petitioner's grievance and the fact that a representation had already been made. Instead of adjudicating the merits of the payment claim, the Court permitted the petitioner to make a fresh representation within two weeks, detailing his grievances and the breakdown of the unpaid amount. The Secretary, Bharat Scout and Guide, U.P. (respondent no. 3), was directed to decide this fresh representation within four weeks of its presentation. If the claimed amount was found to be payable, necessary orders for its release were to be passed within four weeks of the decision. The Court did not delve into the specific GST provisions or the amount in dispute beyond what was stated by the petitioner.
Key Issues
1. Whether the Court should issue a writ of mandamus directing the respondents to release the claimed payment of Rs. 55,42,144/- along with interest to the petitioner for the construction work and security deposit, as per the contract dated 13.11.2019 and subsequent instructions. Petitioner's contention: The petitioner argued that they have completed the contracted work and additional changed work to the satisfaction of the respondents and are therefore entitled to the full payment of Rs. 55,42,144/-, including the security deposit, with accrued interest. They sought a mandamus to enforce this payment. Revenue/State's contention: The judgment does not record any specific arguments or contentions from the respondents (Union of India/respondent no. 1 and Bharat Scout and Guide, U.P./respondent no. 2 and 3) regarding the merits of the petitioner's claim or the GST implications. The court's decision was based on the petitioner's request to make a fresh representation.
AI-generated summary — verify with the full judgment below
2025:UHC:11510-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPMB/206/2024 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J.
Mr. C.S. Rawat & Mr. Anil Anthwal, Advocates for the petitioners.
Mr. Manoj Kumar, Standing Counsel for the Union of India/respondent no. 1. 3. Ms. Irum Zeba, Advocate for respondent no. 2. 4. Petitioner is a civil contractor, who was awarded a contract for construction of a building at Shitlakhet, Almora by Bharat Scout and Guide, U.P.
The grievance raised by the petitioner is that despite completing the construction work to the satisfaction of concerned authorities, the payment due to him, is not being released.
By means of this writ petition, petitioner has sought the following reliefs:-
“(i) a suitable writ order or direction in the nature of mandamus commanding the respondents to make payment of Rs. 11,13,217/-as arrears of the amount of contract work executed by the petitioner pursuant to the Contract Agreement dated 13.11.2019 entered between the petitioner and respondent no. 2 and
The judgment continues below.
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