- (1.) Learned counsel for the petitioner submitted that the petitioner is a contractor and upon completion of contract work, money is yet to be paid, as per the contract. Even admitted amount has not yet been paid by the respondents.
(2.) Learned counsel for the respondents submitted that the petitioner has already been paid admitted dues, as per the counter affidavit, filed by respondent no. 5 and as per AnnexureA of the counter affidavit, Rs. 1,87,809/ has already been paid by the account payee cheque dated 16th February, 2010. This amount has already been received by the petitioner and unnecessary exaggerated claim has been made by the petitioner in this petition at Annexure3 to the memo of the petition. Rest of the amount claimed by the petitioner is disputed amount. The respondents are disputing the amounts more than Rs. 1,87,809/.
(3.) In view of this submission and looking to the counter affidavit, filed by the respondents, the legally payable amount has already been paid and the respondents are disputing the payment of rest of amount which has been claimed at Annexure3 to the memo of the petition and therefore, I am not inclined to exercise powers vested in this Court under Article 226 of the Constitution of India for passing any further orders for making the payment. Basically, there are disputes arising out of the Contract Act. Even there are disputes about the existence of contract of serial nos. 6, 7, 9 and 10 contracts at Annexure3. For establishment of the claim of the petitioner at Annexure3, over and above Rs. 1,87,809/, it requires cogent and convincing evidence to be raised before the competent court or Arbitrator, as per the agreement between the parties.;