IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.W.P NO. 2207 OF 2009
DECIDED ON : 12.02.2009
M/S A-One Builders
...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. G. S. Attariwala, Additional AG, Punjab, accepts
notice.
The petitioner-company seeks a mandamus directing
the respondents to release the payment of Rs.2,32,246/- along
with interest for the work executed by it.
The petitioner-company is stated to have executed
some work allotted to it by the respondents, within the stipulated
period and to the satisfaction of the authorities. The final bill was
also prepared and the same was also entered in the Measurement
Book. However, the due payment is not being released to the
petitioner, despite a legal notice dated 12.06.2008 (Annexure
P-4) served upon the respondents.
C.W.P NO. 2207 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 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 12, 2009 (SURYA KANT) shalini JUDGE