JAMMU & KASHMIR AND LADAKH HIGH COURT
Wasim Sadiq Nargal, J.
PMT Industries Bagh-e-Ali Mardan Khan Srinagar v. UT of Jammu and Kashmir
W. P. (C) No. 2966 of 2024
1. The petitioner through the medium of the instant petition filed under Art.226 of the Constitution of India seeks a writ in the nature of mandamus, commanding the respondents to release balance amount of Rs.6,40,960/- plus Rs.1,14,112/- in favor of the petitioner along with interest which had fallen due to the petitioner till its final realization.
2. The brief facts leading to the filing of the instant petition are that, the petitioner is proprietor of a Small Scale Industrial Unit (SSI Unit) being operated by him under the name and style of "M/S PMT Industries", Bagh - e - Ali Mardan Khan, Srinagar, for earning his livelihood. The said unit is registered with J and K Small Scale Industrial Development Corporation (SICOP), which is engaged in allotting the various works of different nature to its registered industrial units (SSI Units), for executing works of different specifications and nature, on behalf of various Government Departments.
3. The further case of the petitioner is that, the respondent No. 5 on receipt of a request from Irrigation and Flood Control Department, through respondent No.4 vide his letter No.4050 dated 8th March 2014 for issuance of proforma bill for execution of work of "Fabrication and installation of Syphon of MS pipe 5 mm thick 250 mm dia 860 MT length including priming of approved brand and shade". The Divisional Manager - respondent No. 5, accordingly, submitted the proforma bill to the respondent No.4 vide his No. SICOP / 24040 dated 10th March, 2014 and the respondent No. 4 in response to Proforma bill, placed a supply Order bearing No. 4167 dated 12th March, 2014 for supply, installation, testing of mild steel Rising Pipe 250 mm dia with 5 mm wall thickness with one coat of red oxide paint at a total cost of Rs.30,40,960/-.
4. Ld. Counsel for the petitioner further submits that the petitioner being a registered unit holder of the respondent No. 2, was assigned / allotted the aforesaid work of "supply, installation, testing of mild steel Rising Pipe 250 mm dia with 5 mm wall thickness with one coat of red oxide paint." It is further submitted that against supplies made by the petitioner, the respondent No. 4 released an amount of Rs.24.00 lacs in favour of respondent No. 5 vide cheque No. 058989 dated 29th March, 2014 vide his communication dated 2nd April, 2014 against the total amount of Rs.30,40,960 / of the supply order, thereby withholding an amount of Rs.6,40,960/- (30,40,960-24,00,000). The said release of Rs.24.00 lacs was followed by letter dated 7th July, 2014, whereby it was stated that the petitioner had supplied 858 Mtrs. against 860 Mtrs. of M. S. Pipes and thus, the respondent No. 5 was asked to release only 75% of the total supply order in favour of the petitioner (unit holder) and the balance payment was required to be made only subject to the completion of the said work.
5. The petitioner further pleaded that the respondents have also retained an amount of Rs.1,14,112/- in addition to the aforesaid amount of Rs.6,40,960/- already retained by the respondent No. 4.
6. The further case of the petitioner is that since he has completed the work strictly in accordance with the specification mentioned in the supply order, which fact is substantiated by the communication dated 11th December, 2021 addressed by respondent No. 5 to the respondent No. 4. Thus, the respondents were under a legal obligation qua the petitioner to have released the balance amount as well.
7. It has been urged in the instant petition that despite confirmation by the respondent No. 5 that the work has been executed completely by the petitioner, yet an amount of Rs.6,40,960/-has been withheld by the respondent No. 4 and the said amount in spite of the work executed by the petitioner, has not been released by the respondent No. 4 till date in favour of respondent No. 5 for release of the same in favor of the petitioner.
8. Being aggrieved of the inaction on part of the respondents, the petitioner served a
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.