High Court of Punjab and HaryanaCWP/19002/2015disposed of

M/S Dhaka Construction Company v. State Of Haryana & ORS

2020-02-24Mrs. Justice Lisa Gill2 pages

CWP No.19002 of 2015 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Civil Writ Petition No. 19002 of 2015 Date of Decision: February 24 , 2020.

M/s Dhaka Construction Company ...... PETITIONER (s)

Versus

State of Haryana and others ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Vivek Khatri, Advocate for the petitioner.

Mr. Rohit Arya, A.A.G., Haryana.

*****

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.

This writ petition has been filed seeking quashing of order dated 15.05.2015 (Annexure P6) and order dated 19.08.2015 (Annexure P7) passed by respondent No.4-Executive Engineer, Fatehabad directing recovery of `89,82,077/- to be made from the petitioner-company. Learned counsel for the parties are ad idem that an efficacious alternate remedy is available to the petitioner as per clause 19 of the General Conditions of Contract, which provides for the adjudication of the dispute as the one in hand, by an Empowered Standing Committee subject to deposit of the OMKAR SINGH 2020.02.27 10:20 I attest to the accuracy and integrity of this document High Court, Chandigarh

CWP No.19002 of 2015 [2] stipulated amount.

Learned counsel for the petitioner submits that the petitioner is amenable to avail the remedy as above after deposit of the stipulated amount. Keeping in view the facts and circumstances as above, this writ petition is disposed of with liberty to the petitioner to avail the remedy/remedies as may be available to it in accordance with law. Needless to say, in case the stipulated amount is deposited by the petitioner within two weeks, the bar of limitation be not pressed against the petitioner.

( LISA GILL ) February 24 , 2020.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No OMKAR SINGH 2020.02.27 10:20 I attest to the accuracy and integrity of this document High Court, Chandigarh