ANANDA SEN, J. - (1.) Aggrieved by the order dated 28.4.2016 passed by the learned Single Judge in W.P.(C ) No.4137 of 2014, the respondents of the writ petition has preferred this Letters Patent Appeal.
(2.) The writ petition being W.P.(C ) No.4137 of 2014 was filed by M/s. Tiwary Electrical and Engineering Works against South Eastern Railway praying therein to make payment of the materials supplied by them to South Eastern Railway. The writ petitioner claimed that some purchase order was issued by the Senior Divisional Material Manager, South Eastern Railway, Adra in favour of the petitioner. Pursuant to the said order, some materials were supplied which was received by Section Engineer (Electric), Bhaga, South Eastern Railway on 22.2.2011. Claim of the writ petitioner is that in spite of receipt of the materials and submission of bills, the price of the said materials was not released in their favour. Since the money was not paid to the writ petitioner, the writ petitioner filed the instant writ application claiming the dues of Rs.16,42,779/-.
(3.) The respondents were noticed and they filed their counter affidavit in the writ petition. In their counter affidavit, they have stated that against purchase order No.CI/Elect (G)/42/98/11/5159/0046/0/26046 dated 13.2.2012, no material has been supplied by the writ petitioner. Further they mentioned that materials supplied is much less than the claim made by the firm, and the firm has demanded money by raising false bill. Further they submitted that in respect of several purchase orders, materials and bills were not supplied to the consignee as such, no occasion arises for making any payment.;