Overruling the objection, the High Court was moved by the fact that the writ petitioner before it, i.e.,the respondent herein, had undeniably supplied the goods at the rate quoted by it and that the appellants had after taking delivery utilised the said goods, which factum was number disputed.
Since the balance was substantial and the appellants a statutory authority and its representatives, the respondent moved the High Court of Orissa in a writ Petition for a direction so as to recover the balance outstanding.
It took the view that when the facts were admitted, there was numberjustifiable reason on the part of the appellants number to pay the amount due to the respondent when it had supplied the goods to the appellants.
The respondent herein on supply of goods to the appellants raised bills which were partly cleared.
Leave granted.
