The Mehta Co-Op L & C Society Ltd vs The State Of Punjab And Others on 6 August, 2009

            IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                               CHANDIGARH


                                     Civil Writ Petition No.11775 of 2009
                                            Date of Decision: 06.08.2009



The Mehta Co-op L & C Society Ltd.
                                                                   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 work, allotted to it vide Work Order Nos.037 and

038 both dated 12.2.2009.

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

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

even amount due to it was approved by the authorities, however, the

Treasury Officer has not released the payment on account of paucity of

funds.

Civil Writ Petition No.11775 of 2009 2

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 the respondents to release admitted payment to

the petitioner, if there is no legal hitch, 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 respondents wish to reject claim

of the petitioner, on valid grounds, a speaking order be passed and a copy

thereof be supplied to the petitioner.

Mr.A.K.Sharma, Additional Advocate General, Punjab assures

that the requisite payment shall be made to the petitioner, as early as

possible.

Copy of the order be supplied to the State counsel under

signatures of the Court Reader for compliance.

06.08.2009                                   (Jasbir Singh)
gk                                               Judge