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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WASIM SADIQ NARGAL
Lumber India Corporation, Through Its Co-Proprietor Ghulam Nabi Dar (Senior Citizen) – Appellant
Versus
Union Territory Of J And K And Kashmir Thorugh Commissioner Cum Secretary To Govt. – Respondent
| Table of Content |
|---|
| 1. writ seeks release of admitted dues for executed works. (Para 1 , 2) |
| 2. delayed payment violates msmed act and article 14. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. sicop facilitator not liable without department funds. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 4. undisputed facts crystallize payment liability. (Para 25 , 26) |
| 5. state instrumentalities single entity overrides privity. (Para 27) |
| 6. writ maintainable against arbitrary state withholding. (Para 28 , 29 , 30) |
| 7. prolonged delay arbitrary under article 14. (Para 31 , 32 , 33 , 34) |
| 8. funds paucity invalid post-execution acceptance. (Para 35 , 36 , 37 , 38 , 39 , 40) |
| 9. interest for delay; enforce state accountability. (Para 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51) |
| 10. order payment within 4 weeks else 6% interest. (Para 52 , 53 , 54 , 55 , 56 , 57) |
JUDGMENT :
WASIM SADIQ NARGAL, J.
Brief Facts
1. The present writ petition has been filed by the petitioner invoking the writ jurisdiction of this Court, inter alia, seeking a direction for release of admitted dues arising out of works duly allotted by the respondents. It is the case of the petitioner that the works stood exec
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 ....
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....
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....
Contractual payments must not be unduly delayed by the state without valid justification.
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