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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WASIM SADIQ NARGAL
Lumber India Corporation – Appellant
Versus
UNION TERRITORY OF J AND K AND OTHERS. (TOURISM DEPARTMENT) – Respondent
| Table of Content |
|---|
| 1. writ seeks release of admitted work dues. (Para 1 , 2) |
| 2. works allotted via sicop, executed, balance withheld. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. msme act mandates timely payment with interest. (Para 12 , 13 , 14 , 15) |
| 4. sicop facilitator; liability with indenting department. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 5. work execution and partial payment undisputed. (Para 25 , 26) |
| 6. state instrumentalities jointly liable despite privity absence. (Para 27) |
| 7. writ maintainable against arbitrary state withholding. (Para 28 , 29 , 30) |
| 8. delay in dues violates article 14 fairness. (Para 31 , 32 , 33) |
| 9. paucity of funds no excuse post-execution. (Para 34 , 35 , 36 , 37 , 38 , 39 , 40) |
| 10. interest compulsory for delayed contractor payments. (Para 41 , 42 , 43 , 44 , 45 , 48 , 49) |
| 11. state ensure accountability, timely payment mechanisms. (Para 46 , 47 , 50 , 51) |
| 12. direct admitted dues release within four weeks. (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
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 and accepted public works citing paucity of funds or lack of privity among instrumentalities; violates Article 14, warrants interest on delay.
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 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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