PESHAWAR, Dec 9: A two-member bench of the Supreme Court here on Tuesday put on notice the NWFP Irrigation Department in a dispute of Rs27.5 million dues between Wapda and a private construction firm.

The bench, comprising Justice Mian Muhammad Ajmal and Justice Sardar Muhammad Raza Khan, issued the directives in a leave-to-appeal petition filed by Wapda against a judgment of the Peshawar High Court.

The construction firm, Messers Fasco Limited, had won a legal battle against Wapda before the court of a civil judge, which had issued a decree in favour of Fasco directing Wapda to pay Rs27.5 million dues to the firm.

The firm had claimed that it was assigned a project in the Mardan Scarp project which was executed by Wapda. The firm claimed that the project got completed, but Wapda was reluctant to pay its outstanding dues.

The decree was challenged before the high court during which Wapda also adopted the plea to implead General Manager, Projects (North) of Wapda, and the Government of NWFP through Irrigation Department as appellants in the case. The high court accepted the plea of Wapda to the extent of impleading the General Manager as appellant, but did not accept the request of impleading the irrigation department as appellant.

That order of the high court was challenged before the Supreme Court. Advocate Safeerullah Khan appeared for Fasco, whereas Samiullah Jan represented Wapda.

The Wapda’s counsel contended that Mardan Scarp project was funded by the World Bank and, after its completion in June 1993, it had been handed over to the Irrigation Department. He argued that Wapda had entered into an agreement with the irrigation department following which it could not be held responsible for the outstanding dues of the firm. He claimed that now it was the liability of the Irrigation department to pay the disputed amount.

Advocate Safeerullah Khan argued that the firm had entered into agreement with Wapda and not with the irrigation department. He contended that thus Wapda was responsible for the liabilities of the firm.

The bench asked the appellant to submit a copy of the agreement between Wapda and the Irrigation Department on next date and also put the Irrigation Department on notice.