M/S Goyal Construction Company and Another v. State of U.P. and 3 Others

Court No. - 21 Case :- WRIT - C No. - 39445 of 2023 Petitioner :- M/S Goyal Construction Company And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- R.P.S. Chauhan Counsel for Respondent :- CSC,Shyam Mani Shukla Hon'ble Manoj Kumar Gupta,Acting Chief Justice Hon'ble Donadi Ramesh,J.

¶1Heard Shri R.P.S. Chauhan, learned counsel for the petitioner, learned Standing Counsel for the State and Shri Shyam Mani Shukla, learned counsel for respondent Nos. 2 to 4.

¶2The instant petition relates to several separate contracts and we find that there is misjoinder of cause of actions.

¶3Learned counsel for the petitioners confines the instant petition to the first running bill for the contract in which there is a recommendation dated 20.08.2020 for payment of a sum of Rs. 7,64,107/- after deduction of taxes. He submits that respondent No. 2 be directed to consider the release of the said amount.

¶4Accordingly, without expressing any opinion on the merit of the case, the instant petition is disposed of with a direction to respondent No. 2 to either make payment of the admitted amount or if there is any legal impediment, pass speaking order as to why the claim is not admissible within six weeks.

¶5The petitioners shall file true attested copy of the instant order along with the fresh representation in respect of the aforesaid claim before respondent no. 2 within two weeks from today.

¶6In respect of the other contracts, liberty is reserved in favour of the petitioners to file separate petitions. (Donadi Ramesh, J.) (Manoj Kumar Gupta, A.C.J.) Order Date :- 29.11.2023 Mukesh Pal High Court of Judicature at Allahabad