- (1.) I find that the writ petitions have been preferred by individuals whereas, the work order/contract was issued in the name of firms. To a pointed query why the writ petitions have been preferred by the individuals, Mr. Ajit Kumar, the learned counsel appearing in all the writ petitions made a statement that the petitioners are the proprietors/partners/authorised representatives of the firms and therefore, they are competent to pursue the claim on behalf of the firms. In this batch of writ petitions, the petitioners have sought a direction upon the respondents to make payment of the admitted amount along with interest. In all the writ petitions, the petitioners have produced copies of bills/invoices and the copies of "advice for payment", that is, pay orders issued by the concerned officer of the coal company.
(2.) Mr. Ajit Kumar, the learned counsel for the petitioners in all the writ petitions referred to various communications from the coal companies by which the petitioners were intimated that due to shortage of fund, payment could not be made. Referring to the communications whereby advice for "pay orders" were issued in favour of the petitioners, the learned counsel for the petitioners submits that neither the completion of work by the petitioners' firm nor the entitlement for payment has been disputed by the respondents rather, it has been accepted by the respondents that the petitioners are entitled for payment.
(3.) Mr. Anoop Kumar Mehta, the learned counsel appearing in all the writ petitions for the respondents submits that, in the year, 2012 Kustore Colliery where the petitioners made supplies and/or executed works, was wound up and merged in Putki Belihari Area, Kusunda Area and Basta Kola Area and therefore, the communications brought on record by the petitioners are required to be verified before a final decision for payment is taken. It is submitted that the petitioners themselves are responsible for delay, if any, and the writ petition, seeking a direction for payment of money is not maintainable. It is further submitted that it has been found that in many cases, without executing any work, bills have been raised and the parties have claimed payment and therefore, the claims of the petitioners are also required to be verified.;