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2025 DAILYLAW 64948 (ALL)

M/S R.A. CHAUBEY AND ASSOCIATES AND ANOTHER v. UNION OF INDIA AND 4 OTHERS

WRIC/18664/2025 · 2025-07-10

Saurabh Dwivedi Registrar J Cpc, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111222-DB Court No. - 39 Case :- WRIT - C No. - 18664 of 2025 Petitioner :- M/S R.A. Chaubey And Associates And Another Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Prakash Chandra Shukla Counsel for Respondent :- A.S.G.I.,C.S.C.,Jitendra Rana,Vivek Ratan Agrawal Hon'ble Arindam Sinha,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. Mr. Prakash Chandra Shukla, learned advocate appears on behalf of petitioners and submits, prayer of his clients is for mandamus directing payment of aggregate interest of three contracts by reason of delayed payment of the principal, made on 31st May, 2024. Mr. Purnendu Kumar Singh, learned advocate appears on behalf of respondent nos. 1 and 5 (Union of India) and Mr. Vivek Ratan Agrawal, learned advocate on behalf of respondent no.2. Mr. Tarkeshwar Nath Singh and Mr. Jitendra Rana, learned advocates appear on behalf of respondent no.3. Mr. Ashim Mukherji, learned advocate, Standing Counsel appears on behalf of respondent no.4 (the State). On query Mr. Shukla, learned advocate submits, respondent no.3 is a joint venture of Reliance Infrastructure Ltd. and respondent no.2. As such the claim for interest is against the joint venture, a public authority under article 12 of the Constitution. He seeks interference. Mr. Nath, learned advocate submits, the contract is pursuant to award letter dated 30th November, 2020 issued by his client, a private enterprise, to petitioner, who is contractor. There is arbitration clause. The writ petition is not maintainable. Mr. Shukla, learned advocate reiterates his submissions adding that where the principal claim was paid for work executed for the joint venture and it was paid late, there be direction on claim of interest as the claim is his clients' right. We accept submission made on behalf of respondent no.3 that the writ petition is not maintainable as we are not inclined to undertake inquiry on the interest claim. Petitioners may raise demand for their claim on liberty to enclose photocopy of certified copy of this order. The writ petition is disposed of. Order Date :- 11.7.2025 Arun K. Singh (Arindam Sinha, J.) (Dr. Y. K. Srivastava, J.) Digitally signed by :- ARUN KUMAR SINGH High Court of Judicature at Allahabad