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2025 DAILYLAW 15638 (ALL)

M/S CHHATRA SHAKTI THROUGH ITS PROPRIETOR ANIL KUMAR CHAUBEY v. STATE OF U.P. AND 4 OTHERS

WRIC/3723/2025 · 2025-02-10

Shekhar B Saraf, Vipin Chandra Dixit

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:18900-DB Court No. - 40 Case :- WRIT - C No. - 3723 of 2025 Petitioner :- M/S Chhatra Shakti Through Its Proprietor Anil Kumar Chaubey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anand Kumar Pandey Counsel for Respondent :- C.S.C.,Chetan Chatterjee Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J. 1. Heard Sri Anand Kumar Pandey, learned counsel appearing on behalf of the petitioner, learned Standing Counsel appearing on behalf of the State respondent and Sri Chetan Chaterjee, learned counsel appearing on behalf of the respondent Nos.2 to 5. 2. The petitioner claims to have performed certain works in Purvanchal Electricity Distribution Corporation, Varanasi. It is asserted that a sum of Rs.56,55,420.10 is due and payable but the said amount has not been disbursed to the petitioner. 3. Learned counsel for the Electricity Corporation submits that the said claim of the petitioner can be accorded consideration by the Director (Finance) Electricity Corporation Limited, Varanasi - respondent No.2. 4. In the circumstances, we direct the petitioner to approach the respondent No.2 and furnish all the documents in support of its claim for release of the admitted contractual dues. The petitioner's claim would be accorded consideration in terms of contract by passing necessary order within a period of two months from the date the petitioner approaches the respondent No.2 along with a certified copy of this order. In the event any amount is found due and payable to the petitioner, the same shall be released within a further period of six weeks. The claim of the petitioner with regard to interest in terms of the applicable contract and statute shall also be accorded consideration within the same period. 5. We clarify that we have not adjudicated upon the claim of the petitioner on merits and all issues relating to amount due and payable is left open for examination at the level of the competent authority, at the first instance. 6. With the above directions, the instant writ petition is disposed of. Order Date :- 10.2.2025 P.P. (Vipin Chandra Dixit, J.) (Shekhar B. Saraf, J.) Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad