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M/S NATIONAL PROJECTS CONSTRUCTION CORPORATION LTD. versus G.M., NORTH CENTRAL RAILWAY H.Q. OFFICE AND OTHERS

High Court of Judicature at Allahabad

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M/S National Projects Construction Corporation Ltd. v. G.M., North Central Railway H.Q. Office And Others - WRIT - C No. 32772 of 2006 [2006] RD-AH 17292 (6 October 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

WP 32772 of 2006

Hon'ble Yatindra Singh, J

Hon'ble Ran Vijai Singh, J

The petitioner is a government company registered under the Companies Act. Almost all its shares are owned by the President of India and some shares are owned by different State Governments. It does construction work for the Government of India, some work is done for the Railways. There was some dispute between the petitioner and the South Central Railway and the matter has been referred to arbitration. Thereafter, the Railway authorities stopped the payment of the petitioner in Jhansi Division of North Central Railway. Hence the present writ petition.

The petitioner has filed writ petition and two supplementary affidavits. The respondents have filed counter affidavit and two supplementary counter affidavits.

In paragraph 6 of the second supplementary counter affidavit, it is admitted by the Railway- respondent that despite the dispute in South Central Railway, the payment is being made to the petitioner in North Central Railway itself and in some other Railways.

Since the respondents are making payment to the petitioner at some places within the same Railway and not making payment to the petitioner in Jhansi Division of

North Central Railway therefore, by interim measure it is provided that the respondents will pay the running bill of the petitioner for the Jhansi Division of North Central Railway and may withhold the final bill and security till the matter is finally decided.

In the case the Railway takes uniform decision in respect to all Railways then it will  be open to respondents to file an application for modification of this order. It will also be open to the respondents to stop payment to the petitioner in case there is any deficiency in the work performed by the petitioner or the petitioner refuses to work.

List this case after a month. In the meantime the petitioner may file rejoinder affidavit.

Date: 6.10.2006

BBL


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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