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2025 DAILYLAW 89668 (ALL)

M/S ARORA RCC WORKS A PARTNERSHIP FIRM v. STATE OF U.P. AND 2 OTHERS

WRIC/29289/2025 · 2025-08-26

Anish Kumar Gupta, Mahesh Chandra Tripathi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 29289 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Shri Siddhartha Srivastava, learned counsel for the petitioner, Shri Ambrish Shukla, learned Additional Chief Standing Counsel for the State respondents and Mrs. Anjali Upadhya, learned counsel for Greater Noida Industrial Development Authority. 2. The instant writ petition has been preferred with the prayer to command the respondents to release the securing amount of petitioner amounting to Rs.21,06,803/- and also pay the difference of GST amount to the tune of Rs.63,249/- due to revision of rate of GST from 12% to 18% along with 18% interest on delayed payment. 3. Shri Siddhartha Srivastava, learned counsel for the petitioner submits that the petitioner was awarded the work contract regarding construction of 2500 KL capacity and 25 mtr. staging over head reservoir in Sector - Sigma - 2, Greater Noida vide work order dated 22.11.2019 with Tender ID 2018- GNIDA-283072-35 issued by the Senior Manager, Work Circle-Jal, Greater Noida Industrial Development Authority-respondent no. 3. He submits that from perusal of work order, it is clearly evident that the total security amount was Rs. 17,08,717/-, out of which the amount of earnest money was adjusted to the tune of Rs. 6,86,000/-, further the composite GST (CGST & SGST) was 12% as was prevailing at the relevant time and quantified as Rs. 36,61,536/-. The contract was duly executed as Contract Bond No. CB0058GMWCJA1920 and the petitioner commenced the work on 05.12.2019 and completed the same on 04.11.2021. He states that during progression of work nine running bills of petitioner were cleared and after Versus Counsel for Petitioner(s) : Siddhartha Srivastava Counsel for Respondent(s) : Anjali Upadhya, C.S.C. M/S Arora Rcc Works A Partnership Firm .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) completion of work on 04.11.2021, the 10th final bill was cleared on 27.09.2022 and payment was made on 29.09.2022. In this backdrop, he submits that even though the work was performed with utmost satisfaction of the Authority but till date the security amount has not been released by the respondent, therefore, the petitioner is before this Court with the aforesaid prayer. 4. Mrs. Anjali Upadhya, learned counsel for Greater Noida Industrial Development Authority states that even though correspondences have been made to the petitioner for furnishing certain documents, till date the petitioner has not furnished said documents and in absence thereof, the security amount has not been released. She submits that in case the matter is relegated to the Competent Authority, definitely the grievance of the petitioner shall be examined and all remedial measures shall be taken in accordance with law. 5. Considering the facts and circumstances of the case, without adverting on the merits of the case, the writ petition stands disposed of with an observation that in case petitioner moves a fresh representation within a week's time before the Chief Executive Officer, Greater Noida Industrial Development Authority alongwith all documents as is required by the Authority through correspondence, it is expected the said representation must be decided in accordance with law in further six weeks time, after giving opportunity of hearing to the petitioner. August 27, 2025 A. Pandey WRIC No. 29289 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad