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2015 Supreme(SC) 1351

ANIL R.DAVE, V.GOPALA GOWDA
Naseem Ahmed – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Arpit Maheshwari, Vipin Gupta
For the Respondents: Aarohi Bhalla, Jubair Ahmed Khan, Ardhendumauli Kumar Prasad

JUDGMENT :

1. Leave granted.

2. At the request of the learned Counsel appearing for the parties, the appeal is finally heard today.

3. Heard the learned Counsel.

4. It is an admitted fact that Rs. 8,81,085.00 (Rupees Eight Lakhs Eighty One Thousand and Eighty Five only) were payable to the Appellant by the Respondent-Government and the said fact is very clearly admitted in letter dated 14.7.2010, written by the Executive Engineer, Lower Division, East Yamuna Canal, Muzaffarnagar. From the said amount certain deductions are to be made, which are in the nature of certain taxes including business tax, etc.

5. In view of the fact that the amount had been admitted by the Respondent-Government, we feel that the said amount should be paid without entering into any arbitration, etc. and therefore, the said amount shall be paid to the Appellant within four months from today after deducting taxes etc. and along with the payment, details with regard to the deductions made shall also be given to the Appellant by the Respondent.

6. In view of the above peculiar facts of the case, so as to avoid further litigation in the nature of arbitration or suit, the impugned judgment is set aside and the appeal

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