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2016 Supreme(All) 1032

SUDHIR AGARWAL, SHAMSHER BAHADUR SINGH
JAI GOSWAMI ELECTRIC WORKS ALLD. – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Counsel :
Vishnu Gupta, B.C. Naik and Shashi Nandan for the Petitioner; S.C. for the Respondents.

JUDGMENT

By the Court.—Heard learned counsel for petitioner and perused the record.

2. By means of this writ petition filed under Article 226 of Constitution, petitioner has sought following relief:

(a) issue a writ, order or direction in the nature of appropriate nature commanding the respondents to make payment of balance amount against actual work done in respect of contracts Nos. 230-Elect /TRD/ALD/WC/97/61 dated 19.11.97 and Contract No. 230/Elect/TRD/ALD/113 dated 19.3.98 within one month from the date of passing order by this Hon’ble Court together with interest @ 2% per month.”

3. Petitioner is Railway Contractor and pursuant to an agreement for work, he has performed some work but his payment has not been made. Since payment has been approved by competent authority, therefore, prayer has been made that respondents be directed to make payment.

4. When questioned as to how for realization of money pursuant to a contractual work writ petition under Article 226 is maintainable, learned counsel for petitioner placed reliance on Apex Court’s decision in Hindustan Sugar Mills, M/s. v. State of Rajasthan, AIR 1981 SC 1681.

5. We have considered the above decision in Hindustan Sugar















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