Jammu & Kashmir High Court
Poonam Jain vs Ut Of J&K on 1 April, 2024
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
07
AT JAMMU
Case: WP(C) No. 710/2024
Poonam Jain, Age 52 years
Prop. Vaibhav Engineers and Technocrates,
Yard No. 6, Narwal Transport Nagar, Jammu ..... Petitioner
q
Through: Mr. Sanjay Sharma, Advocate.
vs
1. UT of J&K,
Through its Commissioner/Secretary to Govt.,
PHE Department, Civil Secretariat, Jammu
2.The Executive Engineer,
Jal Shakti (PHE) Division, Reasi .....Respondents
Through: Mr. Amit Gupta, AAG.
CORAM: HON'BLE MR. JUSTICE MA CHOWDHARY, JUDGE
ORDER
01.04.2024
01. Petitioner, through the medium of this petition seeks following reliefs:-
i) Commanding the respondents to release the outstanding
liability amounting to Rs.19,38,000/- (Rupees Nineteen Lakh Thirty
Eight Thousand only) in favour of the petitioner's firm under the
name of 'Vaibhav Engineers and Technocrates' on account of
execution and completion of allotted work pursuant to Tender Notice
No. PHER/144497-14545 dated 03.02.2021;
ii) Commanding the respondents to pay interest @6% per annum
on account of delay in making the payment to the
petitioner's firm as per the judgment passed by the Hon'ble Apex
Court in various pronouncements;
iii) Commanding the respondents to decide the representation
submitted before the respondents by the petitioner seeking
release of the outstanding amount along with interest from the date it
is due to the petitioner's firm; and
iv) Any other relief to which this Hon'ble Court deems the
petitioner is entitled for, may also be granted in favour of petitioner
in the circumstances of the case.
02. The Case as set up by the petitioner is that respondent no. 2 vide E-tender
invited the eligible firms for completion of work for
providing/installation/testing/commission of 3000 GPH x 250 Mtrs Head HC
Pump Set (2 Nos) for (Stage-0) at WSS Sersundwan near Borewell site. It is
contented that the petitioner's firm under the name of 'Vaibhav Engineers and
Technocrates' being most eligible, applied for the tender notice (supra) and
respondent no. 2 vide order No. PHER/408-14 dated 03.03.2021 allotted the work
in favour of the petitioner's firm; that the petitioner's firm, completed the allotted
work and handed over the site to respondent no. 2, who after inspecting the same
to his utmost satisfaction issued the work done/experience certificate in favour of
the petitioner's firm. It is stated by learned counsel for the petitioner that after
completion of work, the petitioner approached respondent no. 2 by filing the
representations from time to time for the release of amount for the work done to
the satisfaction of the respondents, however, payment has not been released so far.
03. Learned counsel for the petitioner submits that petitioner has placed on
record the Work Done/Experience Certificate issued by Executive Engineer Jal
Shakti (PHE) Division Reasi, on 09.04.2022 wherein it is certified that M/S
Vaibhav Engineers and Technocrats Yard No. 06, Narwal Transport Nagar Jammu
has successfully completed the work pursuant to Tender Notice No.
PHER/144497-14545 dated 03.02.2021. He further submits that petitioner would
feel satisfied in case the present petition is disposed of at this stage with a
direction to the respondents to consider the representations of the petitioner for
release of outstanding amount along with interest from the date the same is due to
the petitioner.
04. Mr. Amit Gupta, learned AAG who caused appearance on behalf of the
respondents, submits that he is not averse to the aforesaid plea provided the
entitlement as projected by the petitioner is verified.
05. Keeping in view the facts and circumstances including the submissions
made by learned counsel for the parties, the present petition is disposed of at the
motion stage with a direction to the respondents to consider the representation of
the petitioner for release of outstanding admitted amount subject to verifications
in the light of Work Done/Experience Certificate issued by Executive Engineer,
Jal Shakti (PHE) Division Reasi on 09.04.2022, within a period of four weeks
from the date a copy of this order is served upon them.
06. Disposed of accordingly along with connected application(s).
(MA Chowdhary)
Judge
Jammu
01.04.2024
Abinash
