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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT SRINAGAR
WASIM SADIQ NARGAL
K.S. Enterprises Sulaiman Complex – Appellant
Versus
Union Territory Of Jamm & Kashmir Through Secretary To Government, Social Welfare Department – Respondent
| Table of Content |
|---|
| 1. respondents' non-reply admits claims. (Para 10) |
| 2. state withholding violates article 14. (Para 11 , 12) |
| 3. precedents bar payment delay excuses. (Para 13 , 14 , 15 , 16) |
| 4. mandamus enforces admitted dues payment. (Para 17 , 18 , 19 , 20 , 21) |
| 5. ensure funds before contracts. (Para 22 , 23) |
JUDGMENT :
WASIM SADIQ NARGAL, J.
BRIEF FACTS:
01. The petitioner, a permanent resident of the Union Territory of Jammu & Kashmir, is engaged in the business of supply of goods and is registered on the Government e-Marketplace (GeM) portal. Pursuant to a supply order placed by the office of the District Social Welfare Officer, Pulwama, through GeM, vide Contract No. GEMC-511687785394629 dated 24.06.2023, the petitioner was required to supply two HP Intel Core i7 All-in-One PCs with 23.8-inch display and Windows 11 Professional for a total consideration of Rs. 1,81,959/- in terms of the specifications and conditions stipulated therein. The petitioner, in compliance with the said agreement, supplied the aforesaid goods to the respondent department and raised Invoice No. GEM-31891352 dated 26.06.2023 for the agreed amount.
02. Upon receipt and acceptance of the supplied goods, the respo
State cannot arbitrarily withhold admitted balance payment under supply contract after accepting goods; violates Article 14, constitutes unjust enrichment; mandamus maintainable for enforcement as pu....
State and instrumentalities jointly liable for admitted dues on executed and accepted public works; cannot withhold payments citing no privity, paucity of funds or delays, violating Article 14; must ....
State cannot withhold admitted dues for executed and accepted public works citing paucity of funds or lack of privity among instrumentalities; violates Article 14, warrants interest on delay.
State and instrumentalities cannot withhold admitted dues for executed and accepted works on paucity of funds or privity pleas; violates Article 14; writ maintainable; interest payable for arbitrary ....
Contractual payments must not be unduly delayed by the state without valid justification.
State cannot withhold admitted dues for executed works from which it benefited, citing procedural lapses or paucity of funds; such arbitrary action violates Article 14, attracting writ jurisdiction u....
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