Shelton Motors Private Limited vs The State Of Ap
2022 Latest Caselaw 9575 AP

             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.

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

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

HON'BLE SRI JUSTICE K. SURESH REDDY

WRIT PETITION No. 37140 of 2022

Dated: 13.12.2022

RPD