IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
CIVIL WRIT PETITION NO. 15121 OF 2009
DATE OF DECISION : September 25, 2009.
Parties Name
The Chatha Nanehra Co-Op. Society
...PETITIONER
VERSUS
State of Punjab and others
...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
PRESENT: Mr. P.S.Sekhon,
Advocate, for the petitioner.
JASBIR SINGH, J. (oral)
ORDER:
Notice of motion.
On asking of the Court, Mr. Anil Sharma, Addl. A.G., 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, detail of which has been given in paragraph
No.4 of this 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,
however, the payment has not been released. Thereafter, the petitioner has
served a legal notice dated July 22, 2009 (P1) for releasing the payment,
which is still pending undecided.
CIVIL WRIT PETITION NO. 15121 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.
In view of facts, mentioned above, this writ petition is disposed
of by issuing direction to respondent No. 4 to decide legal notice dated July
22, 2009, (P1) 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 realization. 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 Reader for compliance.
( Jasbir Singh )
Judge
September 25, 2009.
DKC