- (1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner praying for issuance of a direction to the respondents to pay to the petitioner his admitted dues which amounts to Rs. 19,26,500/ -, against the goods supplied by the petitioner to the. respondents.
(2.) IN substance, the petitioner is claiming payment of his admitted dues from the respondents. He has stated in the writ petition that he had supplied goods to the respondents and the details of bills amounting to Rs. 43,35,000/ - and Rs. 36,28,500/ - have been given in paragraphs 6 and 7 of the writ petition, out of which Rs. 19,26,500/ - is claimed to be outstanding for payment by the respondents, as the rest amount has been paid to the petitioner. The petitioner has further stated that this amount has been shown as due in the reply to the notice given under the Income Tax Act. I have heard the counsel for the parties and perusod the records.
(3.) LEARNED counsel of the petitioner contended that the amount of Rs. 19,26,500/ - is admitted to be dues against the respondents and as such the writ petition is maintainable. In support of his contention, he further submits that the petitioner has shown the amount of Rs. 19,26,500/ - to be recoverable from the respondents. The Income Tax Authority sought for information from the respondent vide notice dated 11.12.2007 under Section 133(6) of the Income Tax Act and pursuant thereto, the respondents had submitted reply showing the said amount as outstanding.;