STATE OF JHARKHAND Vs. SYED MUMTAZ AHMAD

JUDGEMENT

(1.) THE present appeal is filed against the judgment dated 13.8.2008 passed in W.P.(C)No. 5685 of 2007, directing the appellant -State of Jharkhand to release the admitted dues of Rs.2,55,079/ - payable to the respondents along with interest at the rate of 12% per annum from the date it is due till the final payment.

(2.) THE respondent is a registered contractor and supplier and entered into an agreement for completions of drilling tube wells vide Agreement No. F2 -14/2002 -03 and as per the terms of the Agreement, the respondent was required to complete the work allotted to him by 31.03.2003.

(3.) DURING the pendency of the contract, the respondent submitted the account bill and the amount of that bill was paid to the respondent and the second and final bill amounting to Rs.2,55,079/ - was submitted by the petitioner in the next financial year on 19.9.2003. Due to the delay in submission of the bill, the fund for the financial year 2002 -03 had lapsed. In the subsequent financial year no allocation of fund for the payment of respondent was made.