ENTUPLE TECHNOLOGIES PVT. LTD THRU. AUTHORISED REPRESENTATIVE SAURABH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF TECHNICAL EDU. GOVT. U.P. LKO AND 3 OTHERS
WRIC/7611/2024 · 2025-10-29
Prashant Kumar, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 177393 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 177393 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 7611 of 2024 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE PRASHANT KUMAR, J.
1. Heard learned counsel appearing on behalf of the parties. 2. This is a writ petition under Article 226 of the Constitution of India, wherein the writ petitioner has sought for the following substantial relief:-
"I. To issue a writ, order or direction in the nature of MANDAMUS commanding the Respondents, to make payment of undisputed amount of Rs. 49,23,290/- along with the suitable interest to the Petitioner Company within such reasonable time frame as this Hon'ble Court may deem just and proper."
3. In the counter affidavit filed by the respondent No.3 being the Director, Institute of Engineering & Technology, the following submission has been made :-
"22. That with regard to the contents of para-3 of the writ petition it is submitted that the payment of 03 invoices i.e. Rs.11,30,605.00, Rs.26,62,080.00 and Rs.11,30,605.00 currently pending due to non-availability of funds from the Union of India. It is further submitted that the case law mentioned in para under reply in the present case and the writ petition is not maintainable for enforcement of contractual rights before this Hon'ble Court. Allegations to the contrary made in para under reply are wrong, incorrect and are denied." Versus Counsel for Petitioner(s) : Shubham Tripathi, Inam Uddin Ahmed, Rashi Gupta Counsel for Respondent(s) : C.S.C., A.S.G.I., Atul Kumar Dwivedi, Lalit Shukla, Mahendra Kumar Misra Entuple Technologies Pvt. Ltd Thru. Authorised Representative Saurabh Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Technical Edu. Govt. U.P. Lko And 3 Others .....Respondent(s)
4. In light of the above submission, it is clear that the payment to the petitioner is not being made only due to paucity of funds arising from non-payment from the funding agency, i.e., the Central Government. 5. In light of the same, since there is no dispute with regard to the payments to be made to the petitioner, we direct the Central Government to ensure that the payments of three invoices being Rs.11,30,605/-, Rs.26,62,080/- and Rs.11,30,605/- are paid to the respondent No.3 within a period of three weeks from date. 6.
The moment the fund is received by the respondent No.3, the same should be transferred to the petitioner, preferably within a period of two weeks from the date of receipt of the said fund. 7. With the above direction, the writ petition is disposed of. October 29, 2025 cks/- WRIC No. 7611 of 2024 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench