IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.11413 of 2009 Date of Decision: 31.07.2009 M/s Garga Associates Petitioner Versus State of Punjab and others Respondents CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr.P.S.Rana, Advocate for the petitioner .....
Jasbir Singh, J.(Oral)
Notice of motion.
On asking of the Court, Mr.Manohar Lall, 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 against work order Nos.001, 002 and 50 all
dated 20.2.2009.
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.11413 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 two 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 the petitioner 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.Manohar Lall, 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.
31.07.2009 (Jasbir Singh) gk Judge