High Court of Punjab and HaryanaCWP/15339/2020disposed of

M/S B.S. Builders v. State Of Punjab And Others

2020-09-24Mr. Justice Harnaresh Singh Gill2 pages

CWP No. 15339 of 2020 -1In the High Court of Punjab and Haryana at Chandigarh Civil Writ Petition No. 15339 of 2020 Date of Decision: 24.9.2020 M/s B.S.Builders ......Petitioner

Versus

State of Punjab and others ......Respondents CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. R.K.Girdhar, Advocate for the petitioner.

**** HARNARESH SINGH GILL , J. (ORAL) Case is taken up for hearing through video conferencing. The petitioner concern was awarded the work of periodical repair of roads including the maintenance work. This work was executed by the petitioner, but payment of the running bills and the amount of secured advances i.e. total amounting to Rs. 2,81,61,875/- has not been made to the petitioner till date. The legal notice dated 08.8.2020 (Annexure P-4) sent by the petitioner did not evoke any response, constraining it to approach this Court.

Notice of motion.

Mr. Tejinder Pal Singh Chawla, DAG, Punjab, accepts notice on behalf of respondents-State.

As it is for the authorities concerned to address the claim of the petitioner concern in the first instance, no cause is made out to entertain this writ petition for adjudication on merits.

Respondent No. 5- Executive Engineer, Construction Division, GURPREET SINGH 2020.09.24 16:45 I attest to the accuracy and integrity of this document Chadigarh

CWP No. 15339 of 2020 -2PWD B&R Branch, Malerkotla, is accordingly directed to decide the legal notice dated 08.8.2020 (Annexure P-4) sent by the petitioner. This exercise shall be completed expeditiously and in any event, not later than six weeks from the date of receipt of a certified copy of this order. If respondent No. 5 finds that the dues as claimed by the petitioner concern are lawful, the payment shall be made within six weeks thereafter. Any belated payment beyond the stipulated period shall carry interest @ 6.5 % per annum from the date of completion of the work till payment. On the other hand, if respondent No.5 finds that the petitioner is not entitled to the dues, as claimed by it, a speaking order shall be passed and communicated to the petitioner concern.

The writ petition is disposed of with the above directions. No order as to costs.

(HARNARESH SINGH GILL) JUDGE September 24, 2020 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2020.09.24 16:45 I attest to the accuracy and integrity of this document Chadigarh