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2025 DAILYLAW 99526 (ALL)

M/S DHEER ENTRPRISES MANUFACTURING & SUPPLIERS v. State of U.P. AND 2 OTHERS

WRIC/32011/2024 · 2025-01-31

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:14697-DB Court No. - 29 Case :- WRIT - C No. - 32011 of 2024 Petitioner :- M/S Dheer Entrprises Manufacturing & Suppliers Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashutosh Pandey,Praveen Kumar Mishra Counsel for Respondent :- Pranjal Mehrotra Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Learned counsel for the petitioner is permitted to correct the description and the respondent- corporation in the array of parties. While entertaining the writ petition, this Court passed following order on 21.01.2025: "Parties are at issue on the payment of performance guaranteed amount to the petitioner. According to respondents such amount has been paid on 17.9.2024. Let an affidavit be filed by the respondents clearly stating as to how this amount has been paid to the petitioner. List again as fresh on 28.1.2025. " A short counter affidavit has been filed by Sri Pranjal Mehrotra, learned counsel representing the respondent National Highway Authority of India stating that the dues payable to petitioner stands released and that no further amount is payable in the matter. It is further stated that in the previous communication, the amount was wrongly mentioned and that the correct figures have now been furnished. Learned counsel for the petitioner states in view of the stand so taken, the petitioner be permitted to approach the concerned respondent, so that its case is examined by the competent authority. In that view of the matter, we dispose of this petition by permitting the petitioner to approach the respondent no.2 by furnishing all details in respect of the claim relating to payment of amount, for the construction of road, which shall be dealt by the second- respondent in terms of the contract and in accordance with law by passing a reasoned order. Such exercise would be undertaken within a period of two months and the admitted dues, if found due and payable, shall be released without further loss of time. Order Date :- 31.1.2025 C. MANI Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad