NEW BT ENTERPRISES Vs. UT OF J&K

JUDGEMENT

(1.) Mr. M. A. Dar, learned counsel for the petitioner has stated that the grievance of the petitioner is regarding non-payment of undisputed amount payable to petitioner-firm on account of supplies made, received and approved for payment by the respondent No. 3 with regard to supply/work orders bearing Nos. 12279-80 dtd. 11/3/2017, 13402- 04 dtd. 30/1/2016,7600-7601 dtd. 9/12/2016 and 4241 dtd. 21/6/2017 amounting to Rs.38.13 lacs. He further stated that respondents have admitted the liability of the petitioner.

(2.) Mr. M. A. Chashoo, AAG has filed reply on behalf of the respondents wherein it has been stated that part payment has been made to the petitioner but due to non-availability of funds, the balance payment could not be made to the petitioner-contractor. However, in terms of the communication No. 8530-31 dtd. 11/11/2019 addressed to the Superintending Engineer P.W.D. (R&B) Circle, Srinagar/Budgam by Executive Engineer Muffasil ( R&B) Division, 2 Budgam demand for the funds has already been made to arrange/release the balance amount to the tune of Rs.38.13 lacs so that the claim of the petitioner is settled. It is further stated by learned counsel for the respondents that as soon as the funds are made available at the disposal of answering respondent No. 3, the payment will be made to the petitioner strictly in accordance with the rules applicable to the field.

(3.) In view of the controversy and the stand taken by the respondents in the reply this petition is taken up for final disposal and is accordingly disposed of with a direction to the respondents that the funds in respect of admitted claim of the petitioner be made available within a period of four months from the date copy of this order is served upon the respondents and release the same to the petitioner in accordance with the rules. In case the grievance of the petitioner is not settled within the above said period, he is at liberty to re-agitate the matter.