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2020 (4) TMI 884 - HC - Indian LawsMaintainability of petition - Disputed questions of facts present or not - time limitation - Locus of the 2nd petitioner to claim the amounts due to the 1st petitioner - Distribution of the liability between the new State of Telangana and the residuary State of Andhra Pradesh. Whether the existence of alternative remedy by way of a Civil Suit is a bar to entertaining the Writ Petition? - HELD THAT:- Such power is to be exercised in exceptional circumstances where the High Court finds that the action of the State or its instrumentality is arbitrary and unreasonable and as such violative of Article 14 of the Constitution of India. Whether really there are any disputed questions of fact warranting dismissal of the Writ Petition, in the instant case? - HELD THAT:- The plea about there being disputed questions of fact arising for consideration in the Writ Petition is mala fide intended only to drive the petitioners to the lengthy, dilatory and expensive process by a Civil Suit. Plea of bar of Limitation - HELD THAT:- Te plea of the respondents that the claims of the petitioners for performing Cloud Seeding operations for the years 2007, 2008 and 2009 is barred by limitation, is without any merit. Locus of the 2nd petitioner to claim the amounts due to the 1st petitioner - Firm - HELD THAT:- In view of the clear provision in Section 47 of the Indian Partnership Act, 1932, the payments due to the 1st petitioner-Firm can certainly be made to the 2nd petitioner and such payments would bind the 1st petitioner as well. Distribution of the liability between the new State of Telangana and the residuary State of Andhra Pradesh - HELD THAT:- According to Clause (b) of sub-section (1) of Section 60, the liability has to be apportioned between the new State of Telangana and the residuary State of Andhra Pradesh in the ratio 41.68 : 58.32, i.e., the liability of the State of Telangana (respondent No. 1) would be 41.68 % of the total liability and the liability of the State of Andhra Pradesh (respondent No. 2) would be 58.32% of the total liability. The Writ Petition is allowed with costs of ₹ 25,000/- and respondent Nos. 1 and 2 are directed to pay in three (03) months the arrears of dues under the Cloud Seeding contracts dt. 04.07.2007, 25.07.2008 and 20.07.2009 amounting to ₹ 40,28,47,380 with interest thereon from the respective due dates of payment till the date of actual payment at the rate of 9% per annum; and both the liability towards costs and the arrears are apportioned between the respondent Nos. 1 and 2 in the ratio 41.32 : 58.68 respectively.
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