M/S Govind Agrawal Through Its Proprietor Govind Agrawal vs. The State Of Madhya Pradesh
Held
The Court acknowledged the petitioner's claim for the outstanding payment. It noted that the respondents' counsel stated that any settled dues would be processed as per law. Considering the situation, the Court directed the petitioner to submit a copy of the order to the competent authority within fifteen days of receiving the certified copy. The competent authority is then mandated to take appropriate steps for the payment of the settled dues within eight weeks. If any discrepancies are found, the respondents are to inform the petitioner. The Court did not explicitly discuss GST provisions or specific sections of the CGST/SGST Act, focusing on the contractual obligation to pay for completed work.
Facts
The petitioner, M/s Govind Agrawal, a contractor, completed work on an external electrification and street lighting project. The total bill for the work, including GST, amounted to Rs. 38,98,618/-. The respondents have made a partial payment of Rs. 17,15,436/-, leaving a balance of Rs. 21,83,182/- unpaid. The petitioner made several attempts to secure the remaining payment, including issuing a legal notice, but was unsuccessful. This writ petition was filed seeking a direction for the payment of the outstanding amount with interest and any other appropriate relief.
Key Issues
1. Whether the petitioner is entitled to the payment of the outstanding amount of Rs. 21,83,182/- along with interest, as per the contract for the completed work? Petitioner's contention: The petitioner argued that the work was completed as per the contract, and a significant portion of the payment, including GST, remains due. Despite efforts and a legal notice, the respondents have failed to clear the outstanding dues, causing financial hardship. The petitioner seeks a direction for the payment of the settled dues. Revenue/State's contention: The learned Government Advocate for the respondents submitted that if any settled dues are pending, they shall be settled as per law. No specific arguments were made against the petitioner's claim or the amount due.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORDER Per: Justice Anand Pathak
Heard on I.A.No.9252/2024, an application for urgent hearing is taken up, considered and allowed for the reasons stated therein.
Matter is taken up for hearing.
The instant petition is preferred under Article 226 of the Constitution seeking following reliefs: (i) Directing respondent No.2 to dwell upon letter dated 06.12.2023 (Annexure P-5) and ensure payment of Rs.21,83,182/- with interest to the petitioner. (ii) Any other relief which this Hon’ble Court finds appropriate in the matter. (iii) Costs
It is the submission of learned counsel for the petitioner that under the Central and State Government, some External Electrification of Overhead Line 1 WP-17876-2024 NEUTRAL CITATION NO. 2024:MPHC-GWL:16
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 Madhya Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.