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2021 Supreme(UK) 208

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Raj Kumar Singh Rawat - Appellant
Versus
Uttarakhand Jal Sansthan Through Its Executive Engineer - Respondent
Writ Petition (M/S) No. 2356 of 2021
Decided On : 12-11-2021

Advocates Appeared:
Sandeep Kothari, Advocate, Rakesh Thapliyal, Advocate, Pankaj Chaturvedi, Advocate

The court has the authority to direct the release of payment for work done by a contractor within a specified timeframe.

Headnote:

Contractor - Payment Dispute - The court directed the respondent to release the payment for the civil works and maintenance works of different pipelines, along with interest, within a specified timeframe.

Fact of the Case:

The petitioner, a contractor, sought a writ to direct the respondents to release payment for the work done.

Finding of the Court:

The court disposed of the writ petition with a direction to the respondent to release the admissible dues of the petitioner within ten weeks.

Issues:

Ratio Decidendi: The court considered the assurance given by the Senior Advocate for the respondent and directed the release of payment within a specified timeframe.

Final Decision: The writ petition was disposed of with a direction to release the admissible dues of the petitioner within ten weeks.

JUDGMENT

Manoj Kumar Tiwari, J. - Petitioner is a Contractor, who was awarded a contract for laying of pipeline by Uttarakhand Jal Sansthan. Since payment for the work done by the petitioner has not been made, therefore, petitioner has approached this Court seeking the following reliefs:-

    "a) Issue writ, order or direction in the nature of Mandamus directing the respondents to release the payment of the civil works, maintenance works of different pipelines pursuant to work order issued by the respondent alongwith interest @18% per annum within jurisdiction of respondent."

    2. On 11.11.2021, the matter was adjourned to enable respondents counsel to seek instructions. Today, he made a statement that the work done by the petitioner was being supervised by Junior Engineers, who were outsourced through U.P.N.L., since those Junior Engineers have been sent back, therefore, some time would be needed for verification of measurement book and the bills submitted by the petitioner. He assures the Court that needful would be done within a period of two months and admissible dues would be released within two weeks thereafter.

    3. In view of the assurance given by Mr. Rakesh Thapliyal, Senior Advocate appearing for Uttarakhand Jal Sansthan, writ petition is disposed of with a direction to the respondent to do the needful and release the admissible dues of the petitioner within ten weeks from the date of production of certified copy of this order.

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