IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 8625 of 2008 Between: M/s. Arvind Engineering Company, Rep. By its Managing Partner, Mr. A.K. Goel, S/o. Surender Kumar Goel, Aged about 56 Years, 29& 30 First Floor, Unity House, Abid Road, Hyderabad ..... PETITIONER AND Municipal Corporation of Nellore, Rep. by its Commissioner, Nellore. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to declare the action of the Respondent in not releasing the payment for the supply made in pursuance of its work order bearing No.D2/07-08 dated 05-07-2007 by issuing appropriate writ order or direction more particularly in the nature of Mandamus as arbitrary and unjustified and consequently direct the Respondents to release the amount of Rs.4,61,030-50forthwith and pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner : Sri.K.Rama Subba Rao Counsel for the Respondent : Sri A.Sridhar The Court made the following O R D E R: The writ petitioner, which had supplied certain electrical consumable items to the respondent – Municipal Corporation, had instituted this writ petition complaining of the inaction on the part of the Corporation in paying up the balance money to it. One of the shocking revelations made by the petitioner is that the respondent – Corporation, in discharge of its obligation to pay up the money for the goods received by it, has issued a cheque drawn in a sum of Rs.1,50,000/- on State Bank of India, Nellore Branch, where it maintains its account and the said cheque had just bounced for insufficiency of funds and since then the writ petitioner had been made to run around the Municipal Corporation for securing the payment for the goods supplied to and utilized by the Corporation. Today, the learned counsel appearing on both the sides report that the respondent – Corporation has paid the entire balance money payable to the petitioner through a cheque, once again dated 23rd April 2008, which it is hoped that it will be realized. The grievance of the petitioner is that the necessary taxes such as, income tax, value added tax have been deducted at source by the Corporation, but it had not issued the necessary certificate evidencing the same. The respondent – Corporation shall furnish to the petitioner the certificates for the amounts of tax deducted by them within a period of one month from today so as to enable it to reflect the same in its books of account and to enclose the same with its returns. With this, the writ petition stands disposed of, but however, without costs. (NOOTY RAMANOHANA RAO,J) 25th April 2008 ksld