AMIN ENGINEERING EXCELLENCY Vs. STATE & ORS.

JUDGEMENT

(1.) OWP 322/2000, titled M/s Amin Engineering Excellence Engineers Fabricators and Contractors Vs. State of J&K and Others was disposed of on 17-07-2000 in terms as under:-

(2.) Respondents are hooked to this contempt on alleged failure to comply with the above judgment/direction. The other side has filed statement of facts.

(3.) On facts, the contemners-respondents have raised the plea that the payment could not be made to the petitioner for the reason that the work done in respect or which payments was to be made, falls within the period 1996 to 1999 in respect of which the Government has taken a decision that all such liabilities and claims for their genuineness shall be scrutinised by Director, Audit and Inspections before the funds are made available and released. The work allegedly performed by petitioner in this case is also before the Director, Audit and Inspections and the decision is awaited. Besides the Government has not allotted funds and same are awaited. The counsel further submits that the judgment dated 17-07-2000 for failure of which the respondents are booked, has been passed at the back of the respondents without any opportunity to them and the judgment is not enforceable.