LAWS(JHAR)-2019-3-81

SHIVA TRADING COMPANY Vs. CANARA BANK

Decided On March 12, 2019
Shiva Trading Company Appellant
V/S
CANARA BANK Respondents

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India wherein direction has been sought for to reject the investigation report dated 09.06.2014 prepared by the respondent Bank and direct for payment in lieu of the delivery of pump-sets to the beneficiaries under Swarnjayanti Gramin Swarojgar Yojna Scheme and letter dated 24.06.2014 whereby and whereunder the claim of the petitioner has been rejected regarding payment against delivery of 156 pump sets by the petitioner.

(2.) It is the case of the petitioner that 156 pump sets have been delivered under the aforesaid scheme to the beneficiaries but even after its acceptance the amount has not been paid which led the petitioner to approach this Court by filing a writ petition being W.P. (C) No.391 of 2010, this Court has disposed of the aforesaid writ petition vide order dated 18.02.2014 directing the respondents to clearly inform the petitioner regarding the defect in particular pump set or non-delivery against any order within four weeks. The respondents, as assured, shall clear the bill of the pump set, already supplied without any defect within the said period.

(3.) The grievance of the petitioner is that in terms of the said order, the investigation has been conducted and a report has been submitted but behind the back of the petitioner holding therein that the pump sets have not been supplied and not having in workable condition and therefore, the amount cannot be disbursed.