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M/S P.M. Associates v. State Of U.P. Thru' Secry. Avas And Others - WRIT - C No. 57214 of 2006 [2006] RD-AH 17755 (16 October 2006)


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Court No.10

             Civil Misc. Writ Petition No. 57214 of 2006                

M/S P.M. Associates . . . . . . .  .. . .  ..  ... . . . . . . . ...  . . .Petitioner.


State of U.P. and others. . .  . . . . .  . . . .  . . .  . .  . . . .  .   Respondents.


Hon'ble A.K. Yog,J.

Hon'ble R.K.Rastogi,J.

This  is a writ petition for a direction to the  respondents  to make payment of the running bill for Rs.5,93,000/- to the petitioner  and interest at the rate of 18% per annum on the bill amount from the date of its submission till the date of its payment.

We have heard learned counsel for the petitioner and the learned  Standing Counsel for respondent no. 1 as well as Sri Nripendra Misra for  respondents no. 2, 3 and 4.

The grievance of the petitioner is that it carries contract work and it carried certain work assigned to him on behalf Gorakhpur Development Authority ( GDA ). The work has been duly executed  but payment  has been with-held saying that 'N.O.C.' has not been obtained  from Nagar Nigam, Gorakhpur and payment shall be made after checking and verification of the quality of work  by the Divisional Task Force. The verification by the Divisional Task Force is not  being made though the work is already complete. According to the petitioner this objection is being made only to with-hold the payment. The petitioner has further submitted that  it does not feel shy  to get its work verified and checked.

In view of the above, we direct the GDA to complete verification of the quality of the work done by the petitioner as per the terms and conditions of the work contract including the verification by the Divisional Task Force within a week of the receipt of the certified copy of this order and ensure payment forthwith as may be found due to the petitioner under the law.

The writ petition is finally disposed of subject to the above observations.

No order as to costs.

Dated: 16.10.2006



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