- (1.) LET the notice dated 14th September, 2007 filed in Court today be kept with the records.
(2.) AT the outset the learned Advocate appearing on behalf of the respondent has questioned the maintainability of the writ petition on the ground that since the claim is regarding the payment of money, the remedy is by way of filing a suit.
(3.) IN the petition the petitioner has prayed for a direction upon the respondent authorities to release a sum of Rs. 7,30,070/- for carrying out painting of 176 meter steel tower at Doordarshan Kendra, Kolkata. It has been stated that work was entrusted as the petitioner was selected as the lowest tenderer. Upon completion a bill of Rs. 7,30,070/- was raised. Regarding payment, on 21st November, 2006 the petitioner was informed by the executive Engineer (Civil) All India Radio, CCW, Kolkata as under:- "kindly refer to your letter dated 06. 11. 2006 on the above subject. It is to inform you that final bill is ready and payment will be made after receipt of fund. The matter has been taken up with the competent authority for allocation of fund and it is assured that the payment will be made as soon as fund is available. ";