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2019 Supreme(SC) 1477

ROHINTON FALI NARIMAN, VINEET SARAN
Surya Constructions – Appellant
Versus
State Of Uttar Pradesh – Respondent


Advocates Appeared:
Tripurari Ray, Vikram D. Chauhan, Balwant Singh Billowria, Rajesh Singh, Shashi Bharat Bhushan, Praveen Kumar, Ms. Shilpa Singh, Advocates, for the Appellants; Dr. Sumant Bharadwaj, Ms. Mridula Ray Bharadwaj, Y. R. Mishra, Ms. Rinchen Wangmo, Vedant Bharadwaj, Amol Chitravanshi, V. Shekhar, Sr. Adv., Rajeev Kumar Dubey, Ashutosh Sharma, Kamlendra Mishra, Advocates, for the Respondents

ORDER

1. Leave granted.

2. Having heard learned counsel for all the parties, we find that the present is a case in which payment for extra work by the Uttar Pradesh Jal Nigam has not been made though such work was expressly sanctioned and done to their satisfaction. The appellant before us has had to run from pillar to post to get the money owed to them. By an order dated 21.10.2013, the High Court asked the appellant to make a representation and finally, in a contempt petition moved on 07.02.2014, directed the Uttar Pradesh Jal Nigam to answer this representation. The representation so made was answered by the Uttar Pradesh Jal Nigam as follows:

    "Due to aforesaid facts and description it is clear that Rs. 113.29 lacs has to be released by Government/Mela Administration against the Budget presented by U.P. Jal Nigam, Magh Mela 2008-09. There is no money available under account of Magh Mela 2008-09 of U.P. Jal Nigam. And could not obtained the rest of amount from the Mela Administration/Government. Therefore, payment regarding M/s. Surya Construction, 323/3, Alopibagh, Allahabad will be paid after availability of the money from the Government."

3. It is clear, therefore, from the af

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