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2021 Supreme(J&K) 49

JAVED IQBAL WANI
Union of India – Appellant
Versus
Roshni Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Sandeep Gupta.
For the Respondent: Mr. Anil Mahajan.

ORDER :

1. The appellants herein through the medium of instant appeal challenge Judgment dated 31-05-2007 (for short impugned Judgment) passed by the Court of Additional District Judge, Jammu (for short court below) in case titled as Smt. Roshni Devi and Others vs. Union of India and Others.

Background facts:

2. The background facts those stem out from the memo of appeal as stated therein reveal that a contract bearing No. CEJK-11/83-84 for providing the married accommodation to Officers at Udhampur was allotted to a contractor namely “Vishnu Kumar Gupta” (deceased predecessor in interest of the respondents herein) by the appellants herein.

3. It is being stated that the deceased signed the final bill on 07-10-1986 with a declaration that he had no further claims and that subsequently the said final bill was paid to the deceased contractor on 03-04-1987, where after receiving the same, the deceased contractor intimated the department vide communication dated 14-07-1988, a statement of unpaid items of work with a claim appended to said communication which communication is stated to have been acknowledged by the appellants herein.

4. It is being further state that the said claims were ref

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