IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.W.P NO. 2958 OF 2009
DECIDED ON : 04.03.2009
M/S A-One Builders & Co.
...Petitioner
versus
State of Punjab and another
...Respondents
CORAM : HON'BLE MR. JUSTICE SURYA KANT
Present : Mr. Vinod Gupta, Advocate,
for the petitioner.
SURYA KANT, J. (ORAL)
Notice of motion.
Mr. S. S. Gill, DAG, Punjab, accepts notice.
The petitioner-company seeks a mandamus directing
the respondents to release the payment of Rs.1,48,769/- along
with interest.
The petitioner-company is a contractor, who is stated
to have executed the work allotted to him vide work order
No.5556/3 dated 04.07.2001 (Annexure P-1), within the
stipulated period and to the satisfaction of the authorities. Final
bills were prepared and due entries were also made in the
Measurement Book (Annexure P-2). However, the due payment is
not being released to the petitioner-company, despite a legal
notice dated 07.02.2007 (Annexure P-3) served upon the
respondents.
C.W.P NO. 2958 OF 2009 -2-
It appears that the petitioner-company 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.
In these circumstances, I am of the considered view
that whatever amount the petitioner-company 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.
MARCH 04, 2009 (SURYA KANT) shalini JUDGE