IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.W.P NO. 2943 OF 2009
DECIDED ON : 25.02.2009
The Talwandi Rama Co-op. Labour Society
...Petitioner
versus
State of Punjab and others
...Respondents
CORAM : HON'BLE MR. JUSTICE SURYA KANT
Present : Mr. Hemant Saini, Advocate,
for the petitioner.
SURYA KANT, J. (ORAL)
Notice of motion.
Mr. G. S. Attariwala, Additional AG, Punjab, accepts
notice.
The petitioner-Society seeks a mandamus directing the
respondents to release the payment of Rs.6,02,228/- along with
interest @ 18% for the work executed by it.
The petitioner-Society has executed the work allotted
to it by the respondents, within the stipulated period and to the
satisfaction of the authorities. However, the due payment is not
being released to the petitioner-Society, despite a legal notice
dated 14.08.2007 (Annexure P-2) served upon the respondents.
It appears that the petitioner-Society is entitled to be
paid certain dues on account of the work executed by it. The said
payment, however, is not being released for one or the other
administrative reasons.
C.W.P NO. 2943 OF 2009 -2-
In these circumstances, I am of the considered view
that whatever amount the petitioner-Society has been found
entitled to by the respondents, there is no justification to
withhold the same.
Consequently, this writ petition is disposed of with a
direction to the respondents to settle the petitioner’s account and
whatever is found due, release the same within a period of two
months from the date of receipt of certified copy of this order.
As regards the petitioner’s claim for interest, the same
cannot be effectively decided in these proceedings and the
petitioner would be at liberty to recover the same, if so
admissible, as per law.
Disposed of.
FEBRUARY 25, 2009 (SURYA KANT) shalini JUDGE