- (1.) BY the Court. - We have heard Sri Sanjeev Singh learned Counsel for the petitioners, Sri R.K. Awasthi learned Counsel appearing for the respondents No. 1 and 2 and learned Standing Counsel appearing for the respondent No. 3.
(2.) THOUGH the list has been revised but learned Counsel appearing for the re­spondents No. 1 and 2 is not present. Earlier also, an illness slip had been sent by him and, therefore, we have taken up this matter for final disposal. The petitioners are contractors. According to the writ petition an Amount of Rs. 1,93,231.48 is due to the petitioner No. I and an amount of Rs. 77,120.55 is due to the petitioner No. 2. In paragraphs 8 and 10 of the counter-affidavit filed on behalf of the respon­dents No. 1 and 2 it has been stated that the amount is due to the petition­ers No. 1 and 2 but due to paucity-of the fund, the amount could not be paid to them. The respondents have annexed photostat copy of the latest account po­sition of the petitioners as Annexure CA-1 to the counter-affidavit. It shows that total amount due to petitioner No. 1 was Rs. 1,88,475 and to the petitioner No. 2 was Rs. 77,120. The chart appended to the counter-affidavit as Annexure CA-1 is extracted below: @@Hindi@...
(3.) FROM the aforesaid chart it is clear that the liability for payment of the afore­said amount to the petitioners is admit­ted by the respondent No 1. Therefore, the petitioners are entitled for payments as claimed by them.;