UBS INFRAA PROJECTS PRIVATE LIMITED vs THE STATE OF AP

THE HON’BLE SMT JUSTICE V.

SUJATHA Writ Petition No.

10295 of 2023 ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “...to issue a Writ or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2 to 5 respondents in not releasing the amount of Rs.

7,35,71,371/- (Seven Cores Thirty Five Lakhs Seventy One Thousand and Three Hundred Seventy One Rupees) even after finalizing the bills payable to the petitioner in relation of the work i e providing road from Narasaraopet to Chejerla in Guntur District is illegal, arbitrary, unconstitutional and consequently to direct the respondents to pay immediately the due amount of Rs.

7,35,71,371/- (Seven Cores Thirty Five Lakhs Seventy One Thousand and Three Hundred Seventy One Rupees) along with interest at 16-5% p.a payable to the petitioner Company in relation to the works done by the petitioner.....” 2.

It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid amount, no payment is made.

The petitioner contend that such non-payment of money is clearly illegal, arbitrary and violative of principles of natural justice and consequently to direct the respondents to pay the aforesaid due amount with interest to the petitioner.

2 3.

Heard both the learned counsel and perused the material placed on record.

4.

This Court, in various orders, including the common order dated 05.10.2021 in W.P.No.10038 of 2021 and batch passed by a learned Single Judge of this Court had taken a view that such non payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest.

5.

In view of the common order passed by this Court and after hearing the submissions of learned counsel on both sides, this Writ Petition is disposed of directing the respondents to release total amount of Rs. unt of Rs.

7,35,71,371/- to the petitioner within a period of three (3) months from the date of receipt of a copy of this order.

It is open to the petitioner to agitate his claim for interest, if any, payable by the respondents, in an appropriate forum 6.

Accordingly, this Writ Petition is disposed of.

There shall be no order as to costs.

Miscellaneous petitions, pending, if any, in this Writ Petition shall stand closed. __________________________________ SMT.

JUSTICE V.

SUJATHA 11.05.2023 Psr/nka 3 238 THE HON’BLE SMT JUSTICE V.

SUJATHA (Disposed of) Writ Petition No.

10295 of 2023 Date: 11.05.2023 Psr/nka