- (1.)All these writ petitions are essentially filed seeking payment of amounts due from Bharat Sanchar Nigam Ltd (BSNL for short) towards the petitioners who have undertaken contract works. The petitioners contend that they are entitled to the payment of amounts which are essentially admitted by the BSNL. They contend that the refusal on the part of the BSNL to release the amounts due after extracting the work from them is completely unsustainable in law.
(2.)Heard the learned counsel appearing for the petitioners in these writ petitions and the learned Senior Counsel appearing on behalf of the respondents as assisted by the respective standing counsel.
(3.)Counter affidavits have been filed in many of these cases. In the counter affidavits filed, it is contended that the amounts claimed are in respect of contractual claims between the parties and in the absence of specific admission of the amounts by the respondents, these writ petitions would not be maintainable before this Court. It is contended that in some of these cases, no bills are produced and that even the nature of the work undertaken and the amounts due are not properly mentioned. It is stated that the question whether any amount is liable to be paid in terms of the contract between the parties is a question of fact which can be decided only after taking evidence and that this Court should not consider the writ petitions. In some of these cases, it is contended that the petitioners are Micro, Small or Medium Enterprises which are covered by the provisions of the Micro Small and Medium Enterpises Development Act, 2006 (MSMED Act for short) and there is a bar to claim any relief for goods supplied or services rendered before any court, expect in terms of Chapter 5 of the said special enactment.