M/S. SANTOSH ASSOCIATE, KERAKAT, JAUNPUR THROUGH ITS SOLE PROPRIETOR AND PARTNER AND ANOTHER Vs. U.P. STATE BRIDGE CORPORATION LTD. AND OTHERS

JUDGEMENT

(1.) We have heard Sri Sanjeev Singh learned Counsel for the petitioners, Sri R.K. Awasthi learned Counsel appearing for the respondents No. 1 and 2 and learned Standing Counsel appearing for the respondent No. 3.

(2.) Though the list has been revised but learned Counsel appearing for the respondents No. 1 and 2 is not present. Earlier also, an illness slip had been sent by him and, therefore, we have taken up this matter for final disposal.

(3.) The petitioners are contractors. According to the writ petition an amount of Rs. 1,93,231.48 is due to the petitioner No. 1 and an amount of Rs. 77,120.55 is due to the petitioner No. 2. In paragraphs 8 and 10 of the counter - affidavit filed on behalf of the respondents No. 1 and 2 It has been stated that the amount is due to the petitioners No. 1 and 2 but due to paucity of the fund, the amount could not be paid to them. The respondents have annexed photostat copy of the latest account position of the petitioners as Annexure C.A.-1 to the counter - affidavit. It shows that total amount due to petitioner No. 1 was Rs. 1,88,475/- and to the petitioner No. 2 was Rs. 77,120.00. The chart appended to the counter - affidavit as Annexure - C.A.-1 is extracted below :