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2021 DIGILAW 436 (UTT)

Balaji Construction Company v. Sunil Kumar Garg

2021-10-22

MANOJ KUMAR TIWARI

body2021
JUDGMENT Manoj K. Tiwari, J. - Writ Court vide order dated 20.11.2017 had directed the respondents to make payment of admitted dues, if any, to the petitioner within six months from the date of presentation of certified copy of the order. 2. Alleging non-compliance of the said judgment, this contempt petition has been filed by the petitioner. 3. A compliance affidavit has been filed by Mr. Sunil Kumar Garg, Executive Engineer, Provincial Division, P.W.D., District Haridwar. In para 8 of the said affidavit, it has been stated that petitioner was awarded two contracts and payment was due to him in respect of both the contracts. It has further been stated that in respect of Contract No. 250/EE/2013-14 dated 15.02.2014, entire sum i.e. â16,59,249/- has been paid to the petitioner. Regarding the second contract, namely, Contract No. 274/E.E./2015-16 dated 11.01.2016, amount due was â17,56,623/-, out of which petitioner has been paid â16,59,249/- and a sum of â1,61,623/- remains to be paid to him. In para 9 of the said affidavit, which is dated 23.05.2019, it has been stated that payment of balance amount of â1,61,623/- would be made to petitioner as and when Budget is made available. 4. Since the compliance affidavit was filed in the month of May, 2019 and more than two years have gone by since filing of the said affidavit, therefore, the Contempt Petition is disposed of by directing the opposite parties to release the balance amount, if not already released to the petitioner, as early as possible, but not later than three months from the date of production of certified copy of this order. 5. Consequently, the contempt petition is closed. Notices issued to the opposite parties are hereby discharged.