High Court of Punjab and HaryanaCWP/3751/2020disposed of

M/S Khushi Electricals v. State Of Haryana And Others

2022-11-23Mr. Justice Vinod S. Bhardwaj2 pages

IN THE PUNJAB AND HARYANA HIGH COURT AT

CHANDIGARH CWP-3751-2020 (O&M) Date of Decision: 23.11.2022 M/S KHUSHI ELECTRICALS Petitioner

VERSUS

STATE OF HARYANA AND OTHERS .. Respondents CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ. ****

Present:

Mr. Krishan Kumar Chahal, Advocate for the petitioner.

Mr. Vivek Chauhan, Addl. A.G.. Haryana.

Mr. Ashish Yadav, Advocate for respondents No.2 to 4.

*** VINOD S. BHARDWAJ, J. (ORAL) The present writ petition has been filed under Articles 226/227 of the Constitution of India, 1950 seeking issuance of a writ in the nature of Mandamus directing the respondents to make the due payment of Rs.99,02,336/- including security alongwith interest18% per annum till the actual realization qua various supply of material/erection works order Annexures P-2 (Colly.) & P-3 (Colly.) dated 15.07.2017. Reply on behalf of respondents No.2 to 4 has been filed wherein it has been averred that the work executed by the petitioner was not as per the required specifications and the standard of quality work was much lower.

Various complaints with regard to the quality were received whereby the tests were got conducted and reports were received supporting the complaints and the fact that sub-standard material had been supplied. A further reference is made that in the event of any dispute, Clause 56 of the Agreement contains an arbitration clause and that in case the petitioner has any grievance against the payment being withheld, he can take recourse to the arbitration clause as contained in the agreement.

RAJENDER KUMAR 2022.12.01 10:57 i attest to the accuracy and authenticity of this document

CWP-3751-2020 (0&M) Learned counsel appearing on behalf of the petitioner, however, COntends that the work in question was duly inspected by various visitng Teams and that the samples in question were drawn after the guaranlee penOd He, however, does not dispute the fact that the tests were conducted and reports were received and that some element of disputed question of 1acis arises. Since an arbitration clause is prescribed in the agreement, he thus seeKS permission to withdraw the petition so as to take recourse to the altemauVe remedies available to him in accordance with law and as per the contract between the parties, if so advised.

Disposed of accordingly, with the liberty as aforesaid. Any other misc. application(s) also stand(s) disposed of accordingly.

(VINODS. BHARDWAJ) JUDGE 23.11.2022 rajender Whether speaking/reasoned Yes/No Whether reportable :Yes/No N RAJENDER KUMAR 2022.12.01 10:57 i attest to the accuracy and authenticity of this document