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2025 DAILYLAW 21487 (ALL)

M/S YUWA SHAKTI CONSTRUCTION AND ANOTHER v. STATE OF U.P. AND 6 OTHERS

WRIC/5325/2025 · 2025-03-02

Shekhar B Saraf, Vipin Chandra Dixit

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29687-DB Court No. - 40 Case :- WRIT - C No. - 5325 of 2025 Petitioner :- M/S Yuwa Shakti Construction And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Durga Tiwari Counsel for Respondent :- C.S.C.,Udit Chandra Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J. 1. Heard Sri Durga Tiwari, learned counsel for the petitioners and Sri Udit Chandra, learned counsel for the Electricity Corporation. 2. The petitioners claim to have performed certain works in Purvanchal Electricity Distribution Corporation, Varanasi. It is asserted that a sum of Rs.1,04,39,467.64/- is due and payable but such amount has not been disbursed to the petitioners without any justification. 3. Learned counsel for the Electricity Corporation submits that such claim of the petitioners can be accorded consideration by the Director (Finance) Electricity Corporation - respondent no.3. 4. In the circumstances, we permit the petitioners to approach respondent no.3 by furnishing all documents in support of their claim for release of the admitted contractual dues. The petitioners' claim would be accorded consideration in terms of contract by passing necessary orders within a period of two months from the date of presentation of a certified copy of this order before it. The amount which is found due and payable shall be released within further period of six weeks. The claim of the petitioners with regard to interest in terms of the applicable contract and statute shall also be accorded consideration within the same period. 5. However, we may clarify that we have not adjudicated upon claim of the petitioners on merits and all issues relating to amount being due and payable is left open for examination at the level of the competent authority, at the first instance. 6. Accordingly, the instant writ petition is disposed of. Order Date :- 3.3.2025 Dev/- (Vipin Chandra Dixit,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad