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High Court of Jammu and Kashmir · body

2025 DAILYLAW 4888 (JK)

PADDAR GROUP OF COMPANIES SHG TH ARUN SINGH AND ANOTHER v. U T OF J AND K TH COMMISSIONER SECRETARY JAL SHAKTI DEPARTMENT AND OTHERS

WP(C)/2633/2023 · 2025-05-27

Moksha Khajuria Kazmi

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 2633/2023 Paddar Group of Companies SHG and Anr. .....Applicant(s)/Petitioner(s) Through :- Mr. Sumit Nayyar, Advocate v/s UT of J & K and Ors. .....Respondent(s) Through :- Ms. Chetna Manhas, Assisting counsel to Mrs. Monika Kohli, Sr. AAG CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 27.05.2025 1. By this petition, the petitioners herein are seeking direction upon the respondents to release the admitted liability pertaining to the contract works executed by them. It is prayed that respondents be directed to release an amount of Rs.3,81,495/- in respect of the work executed by the petitioner no. 1 for construction of Flood Protection Work R/Bank of Thumb Nallaha under NABARD and an amount of Rs. 1,72,266/- in respect of the work executed by the petitioner no. 2 for construction of Flood Protection Work L/Bank of Thumb Nallaha under NABARD. The petitioners are also seeking interest at the rate of 12% per annum on the said amount from the date of completion of the works. 2. The respondents are stated to have issued allotment orders in favour of the petitioners, they being the lowest bidders, for execution of the aforesaid works. The petitioners are stated to have completed the allotted works within the stipulated time and in accordance with the terms and conditions of the allotment orders. It is further stated that although the works were completed within time, the payment due to the petitioners has not yet been released. The petitioners are Sr. No. 57 2 WP (C) No. 2633/2023 stated to have submitted several reminders/communications to the respondents, but the payment continues to be withheld without any justification. 3. Learned counsel for the petitioners submits that the petitioners would feel satisfied, if the respondents are directed to consider the release of the admitted liability withheld by them. 4. Having regard to the prayer made by learned counsel for the petitioners, the instant writ petition is disposed of at its threshold, with a direction to the respondents to consider the claim of the petitioners as projected in the writ petition, and take a decision thereon within a period of two months from the date, a certified copy of this order is furnished by the petitioners to them. The said consideration shall be subject to verification of the requisite bills and to the condition that there exists no legal impediment. The decision so taken by the respondents shall be conveyed to the petitioners. 5. Disposed of along with all CMs. (Moksha Khajuria Kazmi) Judge JAMMU 27.05.2025 Manan