Kam-Avida Enviro Engineers PVT. Ltd, Milshi Pune v. Chennai Metropolitan Water, Chennai
2012-01-31
VINOD K.SHARMA
body2012
DigiLaw.ai
Judgment :- 1. The relief claimed in this writ petition is for recovery of the amount, due from the respondents against the supply of machines which according to the petitioner is being still used. The stand of the petitioner is that dispute is only with regard to machines worth Rs.50 lakhs as against this the respondents have withheld more than Rs.5,63,44,907/- (Rupees five crores sixty three lakhs forty four thousand nine hundred and seven only). 2. The learned Advocate General appearing on behalf of the respondents opposed the writ petition on the ground that the machines supplied were defective which resulted in damage to the respondents, and that the respondents are planning to get the tender executed at the risk and cost of the petitioner. The stand of the respondents therefore is that the amount claimed is not due or payable. 3. In view of the stand of the learned Advocate General shows that this writ petition raises disputed question of fact, which cannot be gone into in exercise of writ jurisdiction. 4. Consequently, this writ petition is disposed of by relegating the petitioner to ordinary civil remedy.