M.Y.EQBAL, J. - (1.) HEARD the parties.
(2.) THE petitioner seeks issuance of a writ of mandamus directing the respondents to pay all the agreed and admitted dues to the petitioner which the respondents agreed to pay by way of full and final settlement during arbitration proceeding. It appears that the petitioner entered into a contract and undertook two project for pollution control equipment for preventing pollution caused due to process of manufacturing of iron and steel in the Bokaro Steel Plant. The estimated cost of project was Rs. 1,70,96,450/ - and 2,25,92,148/ -. The petitioner said to have completed the aforesaid project and submitted bills from time to time. The petitioner alleged to have done extra work in addition to the work specified in the said contract. The dispute with regard to payment of the amount covered by the bill was also the subject -matter of arbitration proceeding. It is contended by the petitioner that the parties have agreed for payment of a particular amount, in full and final settlement of the claim which was the subject -matter of the arbitration proceeding. In the meantime notice under Section 226(3) of the Income Tax Act was issued directing the respondents to deduct certain amount from the bills of the petitioner lying with them. The petitioners case is that notice of Income Tax Department has already been withdrawn and, therefore, there is no impediment in the release of the amount.
(3.) TAKING into consideration the aforesaid facts I am afraid this Court by issuing a writ of mandamus direct the respondents to release the amount which is a money claim arising out of a contract. This Court at best can observe that if there is no impediment or legal bar in the release of the admitted dues by the respondents to the petitioner there is no reason why the respondent will not consider the claim of the petitioner and release the amount legally payable to the petitioner.;