DIAMOND CONSTRUCTION THROUGH ITS PROPRIETOR, HIRA SINGH, BOKARO Vs. CENTRAL COALFIELDS LTD., RANCHI
LAWS(JHAR)-2009-12-83
HIGH COURT OF JHARKHAND
Decided on December 14,2009

M/s.Diamond Construction Through Its Proprietor, Hira Singh, Bokaro Appellant
VERSUS
CENTRAL COALFIELDS LTD., RANCHI Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the parties.
(2.) DISPUTE in this writ application is to the non -payment of the dues to the petitioner towards the work executed by him under the contract with the respondents. The contract work, apparently was executed by the petitioner sometime in the year 1999. Thereafter, the petitioner handed over the completed work to the concerned authorities of the respondents alongwith the bill for a sum of Rs. 3.75 lakhs.
(3.) BY referring to the extracts of the office noting relating to the petitioner's claim for payment (Annexure -3), learned counsel for the petitioner would submit that the fact that the petitioner had executed the work and that the amount claimed by the petitioner has been acknowledged, is amply reflected in the office notes which was forwarded by the Section Officer of the concerned Section and which was subsequently approved by "the Senior Officer. The office noting indicate that though a part payment of the claim was made, but the entire amount could not be paid at that time, on account of paucity of fund during the financial year of that period and a decision was taken that the balance of amounts would be paid in the next budget. The petitioner was waiting patiently for payment of the balance of amounts, but the same was not paid. The petitioner had earlier filed a writ application before this Court, vide C.W.J.C. No. 4447 of 2000. The writ application was disposed of with a direction to the General Manager of the respondent -C.C.L to consider the petitioner's case and to pay the admitted dues.;


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