M/S Royal Computers And Xerox Aurangabad Through Its Proprietor And Others v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11101 OF 2015 M/s Royal Computers and Xerox Aurangabad through its Proprietor and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri Bipinchandra K. Patil, Advocate h/f Shri Ashok D. Raut, Advocate for Petitioners.

Shri S. Y. Mahajan, A.G.P. for Respondent Nos. 1 and 2. Shri S. N. Boiwar, Advocate h/f Shri Deelip Bankar Patil, Advocate for Respondent Nos. 3 to 5.

CORAM : S. V. GANGAPURWALA AND K. L. WADANE, JJ.

DATE : 01ST SEPTEMBER, 2016.

PER COURT :

.

Mr. Patil, the learned counsel for petitioners states that, the amount is outstanding as against the respondents in respect of the work done by petitioners for the respondents. Since 2012 the amount is not paid.

2.

Mr. Boiwar, the learned counsel appears for the Zilla Parishad and submits that, the Zilla Parishad has already forwarded the demand to the State. The amount is not released

2 wp 11101.15 and the moment the amount is released, the payment would be made after verification if any amount is found due and payable. 3.

The learned A. G. P. states that, the release of the funds is to be made as per the budgetary provisions and considering exigencies, so also various other factors.

4.

We are not entering into the debate as to the actual amount due and payable to petitioners. The respondent/Zilla Parishad has said that demand has been made to the State and there are some defects found in the bills by the Accounts Office. After defects are cured and after considering veracity and genuineness of the bills and verification if any amount is found due and payable, the same would be paid.

5.

Considering the said statement, we dispose of the writ petition. The respondents shall take decision in that regard expeditiously and preferably within a period of nine (09) months from today. No costs.

[ K. L. WADANE, J. ] [ S. V. GANGAPURWALA, J. ] bsb/Sept. 16