1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4906/2010 (M/S TIWARI PRESTRESS CEMENT PRODUCTS VERSUS THE STATE OF MAHARASHTRA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.Y. Deopujari, counsel for the petitioner. Shri A.M. Deshpande, A.G.P. for the R-1. Shri V.K. Kothale, counsel for the R-3. Shri S.M. Puranik, counsel for the R-4. Shri R.S. Subhedar, counsel for the R-5. CORAM : SMT. VASANTI A. NAIK AND PRASANNA B. VARALE, JJ. DATE : AUGUST 2 , 2011 . Heard the learned counsel for the parties. By this petition, the petitioner seeks a Writ, Order or Direction to the respondent nos.2 to 5 to release at least an amount of Rs.19,95,326/- with interest @ 12% per annum to the respondent no.5 and the respondent no.5 be further directed to pay the said amount to the petitioner for the items supplied by it to the respondent no.2 on behalf of the petitioner. The petitioner seeks a further direction to the respondent nos.2 to 5 to finalize the other outstanding bills of the petitioner amounting to Rs.29.20 Lacs and release the payment. The petitioner is a Small Scale Industry dealing in cement products. It is the case of the petitioner that certain cement products were supplied by the petitioner-Industry to the Nagpur Municipal Corporation through the Maharashtra 2 Small Scale Industries Development Corporation. It is stated in the petition that the Nagpur Municipal Corporation places the order for the said cement products with Maharashtra Small Scale Industries Development Corporation and the Maharashtra Small Scale Industries Development Corporation then procures the cement products from the petitioner- Industry to be supplied to the Nagpur Municipal Corporation. It is the case of the petitioner that the cement products worth Rs.57.00 Lacs were supplied by the petitioner to the Nagpur Municipal Corporation through the Maharashtra Small Scale Industries Development Corporation. However, according to the petitioner though, the respondent no.5 had admitted the supply of cement products to the tune of Rs.25.00 Lacs to the Nagpur Municipal Corporation through the petitioner, the said amount has also not been paid to the petitioner so far. The petitioner has joined the Canara Bank and the Maharashtra State Financial Corporation to this petition just for the purpose of showing that the petitioner is indebted to the Canara Bank and the Maharashtra State Financial Corporation. The Nagpur Municipal Corporation as well as the Maharashtra Small Scale Industries Development Corporation have filed the affidavits-in-reply and it is clearly stated in the said affidavits that the petitioner has not supplied any cement products as stated by the petitioner, to the Nagpur Municipal Corporation through the Maharashtra Small Scale Industries Development Corporation. In the replies of both the respondent nos.2 and 5, it is stated that the petitioner had not supplied the cement products worth Rs.57.00 Lacs, as stated in this petition. It is also submitted on behalf of the 3 Maharashtra Small Scale Industries Development Corporation that it is not admitted by the Maharashtra Small Scale Industries Development Corporation that the petitioner has supplied the cement products worth Rs.27.00 Lacs to the Maharashtra Small Scale Industries Development Corporation, who, in turn supplied them to the Nagpur Municipal Corporation. The facts involved in this petition are disputed by the parties and for proving the same, the tendering of evidence would be necessary. The controversy involved in this writ petition cannot be decided in exercise of the jurisdiction under Article 226 of the Constitution of India. The petitioner has produced certain memos and communications to canvas that the cement products were indeed supplied to the Nagpur Municipal Corporation through the Maharashtra Small Scale Industries Development Corporation by the petitioner. However, since the very supply of the material by the petitioner to the Nagpur Municipal Corporation is disputed by the Corporation as well as the Maharashtra Small Scale Industries Development Corporation, the petitioner would be required to file a civil suit and to prove these documents by tendering evidence. Hence, in the facts and circumstances of the case, the writ petition is dismissed with no order as to costs. JUDGE JUDGE APTE