H.S.Engineers And Associates vs State Of Punjab And Others on 24 August, 2009

             IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                                   CHANDIGARH


                                        Civil Writ Petition No.12907 of 2009
                                               Date of Decision: 24.08.2009



H.S.Engineers and Associates
                                                                    Petitioner
                                      Versus

State of Punjab and others

                                                                 Respondents



CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH

Present:     Mr.Ghulam Nabi Malik, 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 the 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,

amount due to it was approved by the authorities, part payment was made,

however, the final payment has not been released. Thereafter, the petitioner
Civil Writ Petition No.12907 of 2009 2

has served a legal notice dated 17.7.2009 (P2) 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.

In view of facts mentioned above, this writ petition is

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

dated 17.7.2009 (P2) served by the petitioner and if there is no legal hitch,

release admitted payment to the petitioner, 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.

24.08.2009                                    (Jasbir Singh)
gk                                                Judge