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SUPREME COURT OF INDIA
Anil R. Dave, V. Gopala Gowda, JJ.
Naseem Ahmed - Appellant
Vs.
State of Uttar Pradesh & Others - Respondents
Civil Appeal No. 4932 of 2015 (Arising out of SLP (C) No. 30676 of 2014)
Decided On : 03-07-2015
Admitted Amount - Payment Dispute - The court ordered the Respondent-Government to pay the admitted amount to the Appellant within four months, after deducting taxes, to avoid further litigation.
Fact of the Case:
The Appellant was owed Rs. 8,81,085.00 by the Respondent-Government, as admitted in a letter. Certain deductions were to be made from the amount, including taxes.
Finding of the Court:
The court found that the admitted amount should be paid to the Appellant without entering into arbitration or further litigation, and set aside the impugned judgment, allowing the appeal.
Issues: Dispute over payment owed by the Respondent-Government to the Appellant.
Ratio Decidendi: The court decided that the admitted amount should be paid to the Appellant to avoid further litigation, without the need for arbitration or suit.
Final Decision: The appeal was allowed, and the Respondent-Government was ordered to pay the admitted amount to the Appellant within four months, after deducting taxes, with details of deductions provided to the Appellant.
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 is allowed with no order as to costs.
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