KAKA ADVERTISING AGENCY Vs. U P TECHNICAL UNIVERSITY

JUDGEMENT

(1.) The petitioner participated in a tender process floated by the first respondent and was awarded a contract for publication of advertisements in relation to the U.P. State Engineering Examination, on-line counseling and M.Tech/M.Pharm./M.Arc. Entrance Examinations.

(2.) The grievance of the petitioner, which has been put forward in these proceedings under Article 226 of the Constitution, is that though the petitioner complied with the requisitions in pursuance of the agreement dated 15 December 2011, it has not received payment in respect of seven bills between the months of March and July 2014 in the amount of Rs.2.65 crores. A representation dated 31 October 2014 not having elicited response, the writ proceedings have been filed for seeking a mandamus for the payment of amounts due under the seven bills which are annexed collectively as Annexure 9 to the writ proceedings.

(3.) The submission which has been urged on behalf of the petitioner is that the claim under the bills must be treated as being admitted and hence a writ petition under Article 226 would be maintainable and a mandamus can be issued by the Court directing the payment of the bills. Reliance in this regard has been placed on the judgement of a Full Bench of the Kerala High Court in State of Karala and others vs. T.V. Anil, 2002 AIR(Ker) 160