THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.37186 OF 2022
JUDGMENT:-
1. By means of this writ petition filed under Article 226 of
the Constitution of India, the petitioner prays for direction to
the respondents to make the payment of the bill amount for the
works undertaken by the petitioner, under the agreement with the respondents.
2. Smt V. Padmaja, learned AGP for Finance representing the respondent No.6 submits on the basis of instructions that the necessary funds for payment of the amount under the bills have been released.
3. Sri G. Naresh Kumar, learned counsel representing the respondents 4 and 5 submits that the bills will be uploaded, if not already uploaded in the CFMS portal within two weeks from today.
4. Learned counsel for the petitioner submits that the petitioner has also claimed interest on delayed payment but with respect to that prayer, liberty may be granted to the petitioner to approach in appropriate proceedings.
5. Considering the submissions advanced by the learned counsels for the parties/and after recording the stand of the 2 respondents as submitted, the writ petition is being disposed of finally with the consent of the learned counsels for both the parties with the following directions:-
a) The respondents 4 and 5 shall resubmit/upload the bills of the petitioner for the work in question, in CFMS portal within two (02) weeks from today; if fresh uploading is required.
b) The 6th respondent - Principal Secretary, Finance Department, shall within a further period of eight (8) weeks shall release the amount payable, to the petitioner, on due verification and scrutiny as per the procedure, if there is no other legal impediments in making payment.
c) The entire exercise shall be completed positively in ten (10) weeks from today.
6. So far as the petitioner's prayer for interest is concerned, as requested by the learned counsel for the petitioner, the petitioner is granted liberty to approach the appropriate forum, if so advised, clarifying that the grant of time to the respondents as aforesaid, would not adversely affect the petitioner's claim for interest for the period of entitlement, if any, under law.
7. The writ petition is disposed of finally with the aforesaid directions and observations. No order as to costs. 3
As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed.
__________________________ RAVI NATH TILHARI,J Date:21.12.2022 Gk 4 THE HON'BLE SRI JUSTICE RAVI NATH TILHARI WRIT PETITION No.37186 OF 2022 Date:21.12.2022 Gk.