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Allahabad High Court

M/S VAIBHAV ENTERPRISES AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The writ petition was dismissed, with the court directing verification of the respondent's bills and allowing the petitioner to raise any specific dispute within three weeks.

Summary

Petitioner Vaibhav Enterprises sought payment of Rs.7,98,009 for work performed, alleging the distribution company had not paid the full amount. The State and the distribution company contended that only about Rs.3 lakh remained unpaid due to tax deductions. The court directed the distribution company to verify its bills and justify the withholding of the disputed amount. It further instructed the petitioner to raise any specific dispute regarding the difference within three weeks of receiving the certified copy of the order. The writ petition was subsequently disposed of without granting any monetary relief.

Issues considered

  • Whether the distribution company is liable to pay the full amount claimed by the petitioner.
  • Whether the tax deductions claimed by the respondent justify the partial payment.
  • Whether the petitioner is required to pursue a civil remedy for recovery of the disputed amount.

Subjects

  • payment dispute
  • tax withholding
  • civil remedy
  • writ petition
  • contract

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                             WRIT - C No. - 16088 of 2026

                                    M/S Vaibhav Enterprises And Another
                                                                                                    .....Petitioner(s)
                                                                           Versus

                                    State Of U.P. And 4 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)                  :    Anand Kumar Pandey
                                    Counsel for Respondent(s)                  :    C.S.C., Chetan Chatterjee

                                    Court No. - 29
                                                       HON'BLE ARINDAM SINHA, J.
                                                       HON'BLE SATYA VEER SINGH, J.

                                    1. Mr. Anand Kumar Pandey, learned advocate appears on behalf of
                                    petitioners and submits, there remains outstanding Rs.7,98,009/- on payment
                                    for work done. The distribution company be directed to pay.

                                    2. Mr. K.M. Mishra, learned advocate, Additional Chief Standing Counsel
                                    appears on behalf of State. Mr. Chetan Chatterjee, learned advocate appears
                                    for respondent nos.2 to 5 (the distribution company). He submits, only
                                    approximately Rs.3 Lacs and odd remains unpaid. It is on account of taxes.

                                    3. Respondent no.5 will inform petitioner, on verification of his bills
                                    justifying the payment, including withholding of approximately Rs.3 Lacs.
                                    This direction is in context of petitioner's claim for payment outstanding at
                                    Rs.7,98,009/-. There must be specific dispute raised regarding the difference,
                                    for petitioner to avail civil remedy for recovery, if so advised. This be done
                                    within three weeks from communication of certified copy of this order, to be
                                    made by petitioner.

                                    4. The writ petition is disposed of.



                                                                                               (Arindam Sinha,J.)



                                                                                             (Satya Veer Singh,J.)
                                    May 6, 2026
                                    Kpy




Digitally signed by :-
KAVLESHWAR PRASAD YADAV
High Court of Judicature at Allahabad


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