The Shahabpur Cooperative Labour And Construction Society Ltd v. Amritsar Improvement Trust And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.8909 of 2022 Date of Decision: 29.04.2022 THE SHAHABPUR COOPERATIVE LABOUR AND CONSTRUCTION SOCIETY LTD ......Petitioner Vs AMRITSAR IMPROVEMENT TRUST AND ANOTHER .....Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Dheeraj Mahajan, Advocate for the petitioner.

**** RAJ MOHAN SINGH, J.(Oral) Petitioner has preferred this petition for issuance of an appropriate writ, order or direction especially in the nature of mandamus directing the respondents to release payment of Rs.24,60,671/- qua the work done by the petitioner along with interest.

Learned counsel for the petitioner submits that petitioner-Society is dealing in the works of construction. On 13.06.2016, the work of repair and renovation of Dharam Singh Market Development Scheme was allotted to the petitioner. The work was executed by the petitioner as per specifications of the respondents and the same stands entered

 in the measurement book, but the payment of Rs.24,60,671/ has not been released so far.

Precisely for the claim in question, the petitioner has already approached the respondents by way of filing a legal notice dated 21.01.2022 before the respondents but the same has not been adhered to so far.

At this stage, learned counsel for the petitioner submits that the petitioner would be satisfied in case its legal notice is directed to be decided by the respondents by passing a speaking order in accordance with law.

Notice of motion.

At this stage, Mr. Kushagra Mahajan, Advocate appears on behalf of the 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 at this stage, as no order prejudicial to the interest of any party is being passed.

This writ petition is disposed of with a direction to the respondents to take note of representation dated 21.01.2022 got issued by the petitioner and pass appropriate order in accordance with law, preferably within a period of one month from the date of receipt of certified copy of this order.

 If the entitlement of the petitioner is established with reference to record, then the payment be released to the petitioner forthwith. Any delay in disbursing the payment shall result in imposition of interest @ 6% per annum for the delayed payment from the date of accrual till final realization of the same.

If the entitlement of the petitioner is not found, then the representation be decided by passing a speaking order and the same be communicated to the petitioner within a reasonable time.

(RAJ MOHAN SINGH) April 29, 2022 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No