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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
M/s Kendriya Bhandar – Appellant
Versus
State of Telangana – Respondent
COMMON ORDER:
The petitioners are aggrieved by the 2nd respondent not paying their monetary dues relating to the supplies made by the petitioners against various purchase orders and despite furnishing the original invoices. In view of the commonality of grievance, the writ petitions are being disposed of through this Common Order. For reference, the averments in W.P.No.31773 of 2024, are taken.
2. The essential case of the petitioner, as per the writ affidavit in W.P.No.31773 of 2024, is that the petitioner supplied the material (KCR kits) against the Purchase Orders dated 12.01.2023, and 12.09.2023, however, his dues to the tune of Rs.3,30,00,000 has remained unpaid by the 2nd respondent-authority on one pretext or the other, in spite furnishing the original invoices.
3. Heard Mr. N. Naveen Kumar, learned counsel for the petitioner; and learned Standing Counsel for respondent No.2. Perused the record.
4. Learned counsel for the petitioner draws attention to Paragraph No.8.11.6 (Payment terms) under Section VIII (General Conditions of Contract (GCC)), which reads as follows:
“8.11.6 Payment terms:
a) 90% of payment will be paid on submission of original invoice with stock entries, deliv
Parties must be afforded notice and opportunity before order cancellation; however, if compliance is not met, suppliers may be deemed in breach, necessitating civil litigation for damages.
“under the law of evidence also, it is necessary that contents of the documents are required to be proved either by primary or by secondary evidence
The court mandates prompt response to grievances and ensures procedural fairness in administrative decisions.
The court highlighted the importance of the arbitration clause in the contract agreement and the principles laid down by the Supreme Court regarding the maintainability of writ petitions in contractu....
The court ruled that the respondent's unilateral deductions from payments violated principles of natural justice, requiring adherence to contract clauses and valid justification for any recovery acti....
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