City Trading Corporation Through Its Proprietor Nitinkumar Bhikaji Shinde v. The State Of Maharashtra And Others
1 WP-856.16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 856 OF 2016 City Trading Corporation ...PETITIONER versus The State of Maharashtra and others ...RESPONDENTS .....
Mr. B.S. Deshmukh, Advocate for petitioner Mr. S.S. Dande, AGP for respondents No. 1 and 2 Mr. Girish Rane, Advocate for respondent No. 3 .....
CORAM : S. V. GANGAPURWALA AND K.K. SONAWANE, JJ.
DATED : 31st MARCH, 2016.
Order :-
1. We have heard Mr. Deshmukh, learned counsel for petitioner, Mr. Rane, learned counsel for respondent No. 3 - Municipal Council and learned Assistant Government Pleader for respondents No. 1 and 2. 2.
It is the contention of petitioner that petitioner - Corporation has worked for four months as per work order, however, no payment has been made to it.
3.
Mr. Rane, learned counsel appearing for respondent No. 3 submits that in fact, there are certain compliances which were required to be made by the petitioner, however, it does not dispute that the petitioner has worked for more than three and half months and further submits that administrative sanction has been received and petitioner should start the work and if petitioner starts the work, payment would
2 WP-856.16 be made. So far as arrears are concerned, the same would be made month to month along with payment of running bills. 4.
In view of the fact that it is not disputed that the petitioner has worked for three and half months to four months and no payment has been made to it, as yet, and also considering the fact that administrative sanction has been received by the Municipal Council, we pass the following order:- Respondent No. 3 - Municipal Council, Amalner shall make payment to the petitioner in respect of the work done by it of one month. On receiving said payment, the petitioner shall start the work immediately. Thereafter, payment can be made in terms of letter dated 19-03-2016 issued by the Chief Officer, Municipal Council, Amalner.
The copy of the letter dated 19-03-2016issued by the Chief Officer, Municipal Council, Amalner is placed on record by Mr. Rane, learned counsel, the same is taken on record and marked as "x" for the purpose of identification. 5.
With these observations, writ petition stands disposed of. Sd/- Sd/- [ K. K. SONAWANE, J.] [S. V. GANGAPURWALA, J.] MTK