Varsha Tent House v. Municipal Corporation Jagdalpur

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No.4396 of 2021 • Varsha Tent House, A Sole Proprietorship Firm Proprietor Suresh Kapoor S/o Late Shri Tarachand Kapoor, Aged about 62 years, Shanti Nagar Ward, Jagdalpur, District Bastar, Chhattisgarh ---- Petitioner

Versus

1. Municipal Corporation Jagdalpur Through Its Commissioner, Municipal Corporation Jagdalpur, Jagdalpur, District Bastar, Chhattisgarh

2. Commissioner, Municipal Corporation Jagdalpur, Jagdalpur District Bastar Chhattisgarh

3. Sub Engineer Municipal Corporation Jagdalpur, Jagdalpur District Bastar, Chhattisgarh

4. Revenue Officer, Municipal Corporation Jagdalpur, Jagdalpur District Bastar Chhattisgarh ---- Respondents For Petitioner :

Mr. Ashish Surana, Advocate For Respondents :

Mr. Pankaj Agrawal, Advocate S.B. - Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 01.11.2021 1.

Heard.

2.

It is submitted that the petitioner is a firm providing services of Tent and ancillary services. At number of occasions the services were provided to the respondents regarding which the total bills raised is of Rs.66.54 lakhs, out of which the petitioner firm has been paid by the respondents only to the tune of Rs.11.74 lakhs. The remaining bill is outstanding. 3.

The petitioner has made various representations but no payment is being made by the respondents. Lastly, the petitioner has made representation on

03.07.2020 requesting the respondents to credit the remainder payment into his account which is not answered.

4.

Shri Pankaj Agrawal, Advocate representing all the respondents opposes the submission and submits that some time may be given as the payment of the petitioner has not made for the reasons, that there is non availability of funds, however, the respondents are ready to make payments to the undisputed claims in the bills raised by the petitioner, therefore, the petition may be disposed of.

5.

After considering on the submissions made by the counsel for both the sides, this petition is disposed of at motion stage. 6.

The respondents are directed to consider on the representation made by the petitioner and pay all the amount in the undisputed bills raised by the petitioner with in a time limit, that will be fixed by this Court and the petitioner shall have liberty to make prayer for interest on the amount which may be paid to him by the respondent with delay. A time of four months is fixed during which the respondents shall be obliged to decide the representation and made payments of the undisputed bills to the petitioner. With these observations the petition is disposed of. Sd/- (Rajendra Chandra Singh Samant) Judge yasmin