The State of Bihar & Ors. Vs. M/s Agro Art Industries & Anr.
EmailAppeal: Civil Appeal No. 1789 of 1990
Petitioner: The State of Bihar & Ors.
Respondent: M/s Agro Art Industries & Anr.
Apeal: Civil Appeal No. 1789 of 1990
Judges: Dr. A.S. ANAND, CJI, S. RAJENDRA BABU & R.C. LAHOTI, JJ.
Date of Judgment: Jan 25, 2000
Head Note:
CONSTITUTION
Article 136 – Govt. contract – Supplier having received full pay-ment of supplies including interest. High Court still directing to make payments of all outstanding dues – In SLP, counsel stat-ing that no further amount is to be claimed. Held that statement of counsel recorded and no interference called for. Appeal dis-missed.
(Para 2,3)
JUDGEMENT:
ORDER
1. Admittedly, the concerned department of the appellant has made full payment to the respondent for the supply of C.l Specials at the rates agreed between the parties and even the interest amount calculated on that basis has also been paid. It was in the estab-lished facts and circumstances of the case that the Division Bench of the High Court through the impugned order allowed his Writ Petition and directed payment of the outstanding dues of the respondents and the appellant has taken appropriate steps pursu-ant to the judgment of the Division Bench.
2. Mr. P.S. Mishra, learned senior counsel appearing for the respondents submits, on instructions, that the respondents have received all their outstanding dues inclusive of interest and that no further amount of any kind shall be claimed by the re-spondents arising out of the contract which was the subject matter of the controversy in the Writ Petition before the High Court.
3. We record the statement of Mr. Mishra and in view of the established facts and circumstances of this case find no reason to interfere with the judgment of the High Court. We, however, leave the question of law open.
4. The appeal, therefore, fails and is dismissed. No costs.
1. Admittedly, the concerned department of the appellant has made full payment to the respondent for the supply of C.l Specials at the rates agreed between the parties and even the interest amount calculated on that basis has also been paid. It was in the estab-lished facts and circumstances of the case that the Division Bench of the High Court through the impugned order allowed his Writ Petition and directed payment of the outstanding dues of the respondents and the appellant has taken appropriate steps pursu-ant to the judgment of the Division Bench.
2. Mr. P.S. Mishra, learned senior counsel appearing for the respondents submits, on instructions, that the respondents have received all their outstanding dues inclusive of interest and that no further amount of any kind shall be claimed by the re-spondents arising out of the contract which was the subject matter of the controversy in the Writ Petition before the High Court.
3. We record the statement of Mr. Mishra and in view of the established facts and circumstances of this case find no reason to interfere with the judgment of the High Court. We, however, leave the question of law open.
4. The appeal, therefore, fails and is dismissed. No costs.
