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2025 DAILYLAW 101699 (ALL)

DIGITEXT TECHNOLOGIES INDIA PVT LTD AND ANOTHER v. BHIM RAO AMBEDKAR UNIVERSITY AGRA AND 2 OTHERS

WRIC/33063/2024 · 2025-01-27

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13867-DB Court No. - 29 Case :- WRIT - C No. - 33063 of 2024 Petitioner :- Digitext Technologies India Pvt Ltd And Another Respondent :- Bhim Rao Ambedkar University Agra And 2 Others Counsel for Petitioner :- Fatma Anjum,Syed Ahmed Faizan,Sr. Advocate,Zaheer Asghar Counsel for Respondent :- Rohit Pandey Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. This writ petition has been filed with the prayer to command the respondents to pay balance dues of petitioner amounting to Rs. 1,01,62,330.02/- for coding of answer booklets; scanning of mark sheets; decoding and scanning of the entire data relating to the examination results and preparation of examination for Session 2014-15 to 2019-20. Petitioner company contends that it was awarded contract by the University for the aforesaid work and in terms of the contract though it has completed the work and part of the amount of the petitioner was released, but balance dues have been withheld arbitrarily. Thus aggrieved, the petitioner Company is before this Court. Sri Rohit Pandey for the University on the basis of instructions obtained submits that the petitioner company had defaulted in honouring the work allotted to it and various mal-practices were also attributed to it. It is submitted that the nature of work allotted to the petitioner was under the care and supervision of the Examination Committee, which has already taken a decision on 25.7.2023, not to make any further payment to the petitioner company. Sri S.F.A. Naqvi, learned Senior Counsel for the petitioner submits that the contract was awarded in favour of the petitioner by the Vice Chancellor and the recommendations of the Examination Committee were subject final decision of Vice Chancellor to receive further sums in terms of the contract. It is undisputed that no order of the Vice Chancellor is on record in respect of the petitioner's entitlement to receive the aforesaid sum for the work allegedly performed under the contract. Whether under the contract such payment is payable to the petitioner or not would be an aspect to be determined by the competent authority which in the facts of the case would be the Vice Chancellor. In such circumstances, without commenting upon the rights and contentions of the parties, we deem it appropriate to dispose of this writ petition with a direction upon the Vice Chancellor of the University to accord consideration to petitioner's claim in terms of the contract and in accordance with law, by passing a reasoned order, within a period of two months. All aspects, including the fact that substantial amount under the contract was released to the petitioner would also be open to be examined by the Vice Chancellor. Order Date :- 27.1.2025 Ranjeet Sahu Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad