SHARMISTHA ANAND Vs. DAMODAR VALLEY CORPORATION

JUDGEMENT

(1.) The petitioner has sought for direction upon the respondents to pay part of the amounts, which is still outstanding to him on account of his vehicle i.e. Pick-up Van bearing Registration No. BR-17G-8378 being used by the respondent-Damodar Valley Corporation. It is submitted by counsel for the petitioner on the basis of Annexure-1-Work Order, that the petitioner's vehicle has been run for distances beyond 2000 Kilometers by the respondents though payment for the entire run is not being made, which is arbitrary and unreasonable. Counsel for the petitioner submits that earlier the present writ petitioner had approached this Court by filing writ petition being W.P.(C) No. 7057 of 2005 for the same relief wherein the respondent-Damodar Valley Corporation was directed to pay undisputed amount to the petitioner within stipulated period. Counsel for the petitioner submits that thereafter a sum of Rs. 7,00,902/- (Seven Lac Nine Hundred two only) had been paid and outstanding sum of Rs. 1,83,576/- is still to be paid to the petitioner. Counsel for the petitioner submits that Annexure-A to the counter affidavit filed by the respondent-Damodar Valley Corporation, which is Computation Chart would show that the vehicle has been used beyond 2000 Kilometers by the respondent-Damodar Valley Corporation but the payments are only being made for a run of 2000 Kilometers each for the relevant months, which is highly arbitrary and unreasonable.

(2.) Counsel for the respondent-Damodar Valley Corporation on the other hand submits that as per the work order, there was a clear stipulation that the charges would be paid for runs beyond 1500 Kilometers at the rate of Rs. 12 (Twelve rupees only) per Kilometer but with a maximum limit of 2000 Kilometers. He further submits that the petitioner had earlier approached this Court in the writ petition being W.P.(C) No. 7057 of 2005, whereby this Court had directed the respondents only to pay undisputed amount to the petitioner as per the work order. The respondents are liable to pay the dues of the use of vehicle for a run of 2000 Kilometers for any particular month and accordingly, the calculation chart has been prepared, which is contained at Annexure-A to the counter affidavit and the payment, which is undisputed has been paid to the petitioner admittedly. It is submitted that if the vehicle has been allowed to run beyond the stipulated 2000 Kilometers then the respondents are not liable to pay for the same as it is beyond the conditions mentioned in the work order itself.

(3.) I have heard counsel for the parties and have gone through the relevant materials available on record. The claim of the petitioner is based upon the strength of the work order as contained in Annexure-1, which permits use of the vehicle up to maximum run of 2000 Kilometers. The petitioner had earlier come before this Court in the writ petition, the order of which is annexed as Annexure-6, whereby the respondents have been directed to pay the undisputed amount. The Respondent-Damodar Valley Corporation thereafter has calculated the undisputed amount treating the use of the vehicle for a maximum run of 2000 Kilometers, which was in terms of the work order and has made payment of the undisputed amount thereof totaling Rs. 700,902/- (Seven Lac Nine Hundred two only), though the Log Book of the vehicle shows the actual distances of run, which is beyond 2000 Kilometers in respect of each month. However, for rest of the run, the respondents were not bound themselves by any agreement and the petitioner had allowed the vehicle to be used beyond 2000 Kilometers at his own risk.