HON'BLE SRI JUSTICE K.SURESH REDDY
Writ Petition No.37140 of 2022
ORDER:-
This writ petition is filed seeking the following relief:-
"Writ Order or direction more particularly one in the
nature of Writ of Mandamus declaring the action of the
respondents in not paying the admitted amount of Rs.81,46,199/-
to the petitioner for supply of two wheelers i.e., TVS XL-100 mopeds, is illegal, arbitrary, and consequently direct the respondents to pay total bill amount of Rs.81,46,199/-, with 24% interest per annum to the petitioner "
2. The petitioner's firm is running business in the name and style of M/s Shelton Motors Private Limited, Vijayawada, and supplying two wheelers. The petitioner's firm has supplied 317 two wheelers i.e., TVS XL-100 mopeds, vide proceedings issued by the 5th respondent, for which, the respondents have to release an amount of Rs.1,33,14,000/-. Out of which, the respondents have paid an amount of Rs.51,67,801/- and remaining balance of Rs.81,46,199/- has to be paid by the respondents. In spite of several demands, including representation, dated 08.10.2022, no action has been taken by the respondents. Aggrieved by the same, the petitioner filed the present Writ Petition.
2
3. Learned counsel for the petitioner submits that having approved the bills with CFMS token numbers, non-payment of bill amount is arbitrary and illegal.
4. On the other hand, learned Government Pleader appearing on behalf of the 5th respondent filed counter-affidavit and submitted that bills for an amount of Rs.24,49,157/- was already uploaded under CFMS Portal and the same are awaiting for clearance from the government. It is further submitted in the counter-affidavit that bills for an amount of Rs.29,82,374/- have to be uploaded in CFMS Portal for want of budget under Scheduled Caste Component & Scheduled Tribe Component and the same will be uploaded immediately after receipt of budget from the government.
5. This court, in various orders, including the judgment of a learned single Judge of this court, dated 05-10-2021 in W.P.No.10038 of 2021 and batch had taken the view that such non-payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest.
6. In view of the aforesaid directions of this court in various cases and after hearing both sides, this writ petition is disposed of with a direction to the respondents to pay admitted amount of Rs.24,49,157/- and Rs.29,82,374/- (in total Rs.54,31,531/-) due to 3 the petitioner within a period of eight(8) weeks from the date of receipt of a copy of this order. It would also be open to the petitioner to agitate his/her/their claim for interest, if any payable by the respondents in an appropriate forum. No costs.
Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
_______________ K.SURESH REDDY,J 13th day of December,2022 RPD 4 HON'BLE SRI JUSTICE K. SURESH REDDY WRIT PETITION No. 37140 of 2022 Dated: 13.12.2022 RPD