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
WP 31773/2024
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, delivery challan and accompanied with a certificate of satisfactory receipt of material by concerned
authorities.
b) Balance 10% will be paid after 3 months from the date of payment
of 90% amount.
5. Further, this Court, by Docket Order dated 21.03.2025, passed the following order:
“Learned counsel for the petitioner submits that the order dated 27.09.2024 passed by this Court is not being complied till date on the pretext of non-availability of funds, hence delaying to make the requisite payments under the Scheme. He further states that due to non-payment of money, the petitioner is being put to suffer huge financial loss and hardship.
Mr. M.B. Nitesh, learned Assistant Government Pleader representing learned Advocate General submits that the matter is being pursued and the same is also brought to the notice of respondent No.4- Commissioner. He states that action would be taken in due course of time and seeks short accommodation of time to obtain compliance on this aspect and make submissions.
Mr. Venu Gopal Rao, learned counsel representing Mr. G. Rama Rao, learned Standing Counsel for respondents is present.
List on 04.04.2025.”
6. Considering the submissions made, and Condition No.8.11.6 of the Payment Terms of the Contract, and also the assurance of the learned Government Pleader on behalf of learned Advocate General on 21.03.2025 that the matter is being pursued and action would be taken in a short time with regard to the dues, the matter is being dragged on since 21.03.2025, thereby the petitioner is indisputably being put to hardship.
7. Accordingly, the writ petitions are disposed of with a direction to the 2nd respondent to clear the admitted amounts due, within a period of four weeks from the date of receipt of a copy of this order. No costs.
Miscellaneous petitions pending, if any, shall stand closed.
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