High CourtsDivision Bench(2022) 03 UK CK 0033

Subhadra Sharma vs U.P. Rajkiya Nirman Nigam Limited, Near Bank Of Baroda, R.M.L. Hospital, Picup Bhawan Road, Vibhuti Khand, Gomti Nagar, Lucknow, U.P. And Others

Uttarakhand High Court · Decided on 7 March 2022

HON’BLE JUDGES
Sanjaya Kumar Mishra, J · Alok Kumar Verma, J
RESULT
Dismissed
CASE NUMBER
Special Appeal No. 446 Of 2021

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Judgment

8 paragraphs · 333 words

Sanjaya Kumar Mishra, J

1) The present Special Appeal is being filed against the impugned judgment and order dated 08.10.2021, passed by the learned Single Judge of this Court, in Writ Petition (M/S) No. 2046 of 2021, Smt. Subhadra Sharma Vs U.P. Rajkiya Nirman Nigam Limited and another, whereby the writ petition filed by the petitioner was dismissed.

2) It is apparent from the records that the dispute relates to the work order No. 15/1452, dated 01.09.2014, which was executed in favour of the firm known as M/s A V Associates. Allegedly, as per the terms of the work order, the work started on 01.09.2014, and got completed on 10.11.2015, but the remittance of the amount under the terms of the work order was not paid by the Nigam. Aggrieved against the same, the writ petitioner / appellant preferred a writ petition, being Writ Petition (M/S) No. 2046 of 2021 before the learned Single Judge. The same was dismissed vide judgment and order dated 08.10.2021 giving liberty to the petitioner to approach the Arbitrator under Clause 15 of the work order for getting the controversy resolved. Hence, present Special Appeal.

3) Heard learned counsel for the parties and perused the order impugned.

4) As per appellant’s own admission the work as per the work order stood completed in the year 2015, and the amount for said work is now being claimed. As such, there is a lapse of about seven years for raising the claim of the amount under the terms of the work order. Thus, it is a time barred matter. Accordingly, we are not inclined to entertain the money claim.

5) Furthermore, all the aspects have been elaborately discussed by the learned Single Judge. Therefore, this Court does not find any illegality or perversity in the impugned judgment and order passed by the learned Single Judge.

6) This Special Appeal, being devoid of any merit, is hereby dismissed.

7) The stay application (IA No. 01 of 2021) also stands disposed of.