BHARAT ENTERPRISES Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel appearing on behalf of the parties.

(2.) This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has made the following prayers:-

(3.) The factual matrix in the present case indicates that the respondent authorities have withheld the bank guarantee that was submitted by the petitioner at the time of the execution of the agreement in lieu of certain sums that may become payable by the contractor to seven employees who had died during the execution of the works. Further more, respondents have raised an issue with regard to payment of G.S.T. liability of a sum of Rs.11,80,79,376.00along with interest which has not been paid by the petitioner. The respondent authorities have relied on Clause 14.3 of the agreement that reads as follows:-