M/S Cosmic Sense M And S P Ltd v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.3691 of 2022 Date of Decision: 24.02.2022 M/S COSMIC SENSE M AND S P LTD ......Petitioner Vs STATE OF HARYANA AND OTHERS .....Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Vikram Singh, Advocate for the petitioner.

**** RAJ MOHAN SINGH, J.(Oral) Petitioner seeks issuance of an appropriate writ or directions in the nature of mandamus directing the respondents to release the payment in respect of installation of solar lights along with interest.

Petitioner was allocated the work of installation of solar street lights by the Panchayat Samiti Thanesar in the year 2018. The work was successfully completed by the petitioner. Petitioner has already issued invoices for payment of solar lights which had already been installed by it. Despite number of representations filed by the petitioner, the needful in the context of making good the payment has not been done by the respondents. Petitioner has also got issued legal notice

 dated 25.01.2022 to the Deputy Commissioner, Kurukshetra with a copy to the Block Development and Panchayat Officer, Thanesar, District Kurukshetra. Despite issuance of the aforesaid legal notice, the payment has not been released to the petitioner so far.

At this stage, learned counsel for the petitioner submits that the petitioner would be satisfied in case the legal notice is directed to be decided by respondent No.2 at the earliest in accordance with law.

Notice of motion.

On asking of the Court, Mr. Charanpreet Singh, Asstt. A.G., Punjab accepts notice on behalf of respondents. In view of nature of order which this Court proposes to pass, there is no necessity of calling upon any response from the respondents as no order prejudicial to their interests is being passed.

Since the legal notice sent by the petitioner is pending before respondent No.2/Deputy Commissioner, Kurukshetra, District Kurukshetra, therefore, this petition is disposed of with a direction to respondent No.2 to take a final view on the pending legal notice (Annexure P-2) and decide the same within a period of one month from the date of receipt of certified copy of this order.

If respondent No.2 comes to the conclusion that the

 petitioner-company is entitled for the amount in question then the same be paid forthwith along with interest @ 6% per annum for the delayed payment from the date of amount became due within the time specified hereinabove.

(RAJ MOHAN SINGH) February 24, 2022 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No