- (1.) Heard.
(2.) It is submitted by Mr. S. Piprawall, learned counsel appearing for the petitioner submitted as follows. The respondents awarded the Work of construction of B type quarters-1( one) four storeyed block of 16 units, C type-1( one) triple storeyed block of 6 units, D type-1(one) unit single storeyed for Kedla Washery ( Tender notice no. 2 of 93-94) to the petitioner. The work was completed on 22.7.1996 and the buildings were handed over but though the claims were never disputed but payments have not been made, in spite of repeated requests. From the Circular/Letter dated 4.5.2007 ( Annexure-8), it will appear that in the capital budget of 2007-08, provision has been made for the said claim in serial no. 3 "Res. Building ( item no. 3.5) to the tune of Rs.7,12,000/-. Thereafter also, several representations were made but the said payment is still unpaid. Even the earnest money of Rs.2,65,000/- has not been returned.
(3.) Counsel for the respondents, on the other hand, submitted that in the absence of counter affidavit, he is not in a position to say anything and that it is also to be seen whether the claim of the petitioner has become time barred or not.;