M/S MALIK ELECTRICAL AND MECHANICAL INDUSTRIES TH.ITS PROPRIETOR v. UNION TERRITORY OF J AND K (P.D.D.) AND ORS
WP(C)/1986/2025 · 2025-08-19
Mohd Yousuf Wani
Writ Petition (Civil)body2025
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Judgment text
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Serial No. 114 Supp. Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR …
WP(C) No. 1986/2025
, MALIK ELECTRICAL AND MECHANICAL INDUSTRIES TH. ITS PROPRIETOR. ……...Petitioner(s) Through:
Mr. Javed Ahmad, Adv.
Versus UNION TERRITORY OF J&K (P.D.D.) AND ORS. .……Respondent(s) Through:
CORAM:
HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE
ORDER 19.08.2025
1. Heard learned counsel for the petitioner. 2. The case of the petitioner’s firm is that it is a registered firm dealing with the supplies of electric materials/goods. That the firm namely M/S Malik Electrical and Mechanical Industries is run under the proprietorship of one Mohammad Rafiq Malik as is evident from the copy of registration certificate. That during the course of its business, the firm supplied electric materials/goods to the respondents department i.e., PDCL Srinagar vide different quotations/supply orders. That in response to the supply orders of the respondents, the petitioner firm supplied electric materials/goods worth Rs. 9,05,000/- (Nine lakh and five thousands) out of which amount only an amount of Rs. 1,42,000/- (one lakh and forty two thousands) stands received by the petitioner firm and, as such, a total amount of Rs. 7, 99,000/- is still outstanding from the respondents department which is not being
paid despite repeated requests and reminders. That by supplying required electric goods to the respondents department in time, the later has been in a position to provide electric facility to its consumers properly and without any sort of interruption, leading to the respondent departments becoming a healthy income generating department. That the delay on the part of the respondents in payment of his due amount has added to the mental agony and hardships of the proprietor of the firm who is not in a position to maintain his family. That the respondents department is under a legal obligation to make the payment of the due amount to the petitioner along with interest. 3. In the facts and circumstances of the case, this court is of the opinion that it may meet the ends of justice, in case the matter is taken up for final disposal at this threshold stage by passing of appropriate orders. 4. The perusal of the petition and the copies of the documents enclosed with the same clearly reveals that there is an admitted liability of Rs. 7.99/- lacs of the respondents department towards the petitioner firm. The communications forming the Annexures II, III, IV and V to the petition are the communications between the respondents inter se under which the respondents 3 and 4 communicated with the respondent No. 2 for immediate release of the funds to the tune of Rs.
7.99/- lacs for clearance of the liability towards the petitioner on account of the supply of his electric materials/goods. 5. The petitioner’s firm is revealed to have made the supply of the electric materials/goods towards the respondents prior to the year
2018. The petitioner’s firm is supposed to be suffering badly on account of the non-payment of the admitted liability towards him. 6. For the foregoing discussions, the instant petition is disposed of at this stage with the direction to the respondents to immediately consider the payment of the admitted liability of Rs. 7,99,000/- (Seven lakh Ninety nine thousands) towards the petitioner within a period of four weeks with the submission of the status report to the Registry of this Court. 7. Copy of this order shall be forwarded to the respondents for immediate compliance. 8. Disposed of. (MOHD YOUSUF WANI)
JUDGE
Srinagar 19.08.2025
“SAKEENA-PS”