M/S Khara Contractors vs The State Of Punjab And Others on 18 August, 2009

             IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                                    CHANDIGARH


                                         Civil Writ Petition No.12426 of 2009
                                                Date of Decision: 18.08.2009



M/s Khara Contractors
                                                                    Petitioner
                                       Versus

The State of Punjab and others

                                                                 Respondents



CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH

Present:     Mr.Rajesh Kumar Girdhar, Advocate for the petitioner

                              .....

Jasbir Singh, J.(Oral)

Notice of motion.

On asking of the Court, Mr.A.K.Sharma, Additional Advocate

General, Punjab accepts notice.

Heard.

By filing this writ petition, the petitioner has prayed that

directions be issued to the respondents, to release admitted payment, due to

it towards execution of works, detail of which has been given in paragraph

No.2 of this writ petition.

It is case of the petitioner that it has successfully executed the

work, as mentioned above. Entries were made in the measurement book and

amount due to it was approved by the authorities, however, the payment has

not been released on account of paucity of funds. Thereafter, the petitioner
Civil Writ Petition No.12426 of 2009 2

has served legal notice dated 13.7.2009 (P1) for releasing the payment,

which is still pending undecided.

This Court feels that if there is no defect in the work executed

by the petitioner, the authorities are not justified to detain amount due to it.

Paucity of funds is no ground to deny the admitted payment.

In view of facts mentioned above, this writ petition is disposed

of by issuing directions to respondent No.3 to decide legal notice served by

the petitioner and if there is no legal hitch, release admitted payment to it,

within three months from the date of receipt of a copy of this order, failing

which, the petitioner shall be entitled to get interest @ 8% per annum from

the date the amount had become due to it till its realisation. To the contrary,

if the officer concerned wishes to reject claim of the petitioner, on valid

grounds, a speaking order be passed and a copy thereof be supplied to the

petitioner.

Copy of the order be supplied to the State counsel under

signatures of the Court Reader for compliance.

18.08.2009                                   (Jasbir Singh)
gk                                               Judge