M/S Dmr Builders Pvt. Ltd. v. State Of Punjab And Others

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 25.05.2022 M/s DMR Builders Pvt. Ltd.

-Petitioner

Versus

The State of Punjab and others -Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:

Mr. Chirag Girdhar, Advocate, for the petitioner.

**** RAJ MOHAN SINGH, J. (Oral) Petitioner has preferred this petition for the issuance of an appropriate writ in the nature of mandamus directing the respondents to release the due amount of Rs.9,47,31,106/- of 6th running bill along with interest qua the work done by the petitioner.

Petitioner is a government contractor and has executed various work assignments assigned to it by the respondents from time to time. The work of construction of Shri Guru Gobind Singh Skill Institute (Phase-1) at Shri Chamkaur Sahib, District Rupnagar was allocated to the petitioner on 25.01.2021. Payment of 6th running bill has not been honoured by the respondents despite pre-auditing done by the department

-2on finding the work to be satisfactorily executed according to PWD specifications by the petitioner.

Precisely for the claim in question, the petitioner has already approached the respondents by way of filing representation dated 02.05.2022 before respondent No.5. At this stage, learned counsel for the petitioner submits that the petitioner would be satisfied in case its representation is directed to be decided by respondent No.5 by passing a speaking order in accordance with law. Notice of motion.

On the asking of the Court, Mr. Abhay Pal Singh, A.A.G., Punjab accepts notice 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 respondent No.5 to take note of representation dated 02.05.2022 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 of 6th running bill be

-3released to the petitioner forthwith.

Delay in making good the payment shall attract interest @ 6% per annum from the date of accrual till final realization of the amount.

25.05.2022 (RAJ MOHAN SINGH) Jyoti Sharma JUDGE

1. Whether speaking/reasoned :

Yes/No

2. Whether reportable :

Yes/No