High Court of Punjab and HaryanaCWP/21764/2021disposed of

The Jagdev Khurd Cooperative Labour And Construction Society Limited v. State Of Punjab And Others

2021-10-28Mr. Justice Raj Mohan Singh3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision : 28.10.2021 The Jagdev Khurd Cooperative Labour and Construction Society Limited ... Petitioner

Versus

State of Punjab and others

...Respondents

CORAM : HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present : Mr. Dheeraj Mahajan, Advocate for the petitioner.

(Through Video Conferencing) ***** RAJ MOHAN SINGH, J. (ORAL) Petitioner seeks issuance of writ especially in the nature of mandamus directing the respondents to release the security amount of Rs.10,86,586/- along with interest @ 18% per annum from the date of accrual till final realization of the amount in question.

Learned counsel for the petitioner submits that the petitioner has already executed work assignments to the entire satisfaction of the respondent-authorities. Final payments stand released to the petitioner on 26.12.2017, but security amounts of different executed works have not been released so far.

-2Precisely for the grievance in question, the petitioner has already issued a legal notice dated 10.06.2021 to the respondents but the same has not been adverted to so far. Notice of motion.

On asking of the Court, Mr. Abhay Pal Singh Gill, AAG, Punjab, accepts notice on behalf of respondents No.1 and 2. In view of nature of order which this Court proposes to pass, there is no necessity of serving respondents No.3 and 4 or calling upon any response from them as no order prejudicial to their interests is being passed.

Since the legal notice sent by the petitioner is pending before respondent No.3/Executive Officer, Municipal Council, Ramdass, District Amritsar, therefore, this petition is disposed of with a direction to respondent No.3 to take a final view on the pending legal notice (Annexure P-3) and decide the same within a period of one month from the date of receipt of certified copy of this order. If respondent No.3 comes to the conclusion that the petitioner-firm is entitled for the amount in question then the same

-3be 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) JUDGE 28.10.2021 Dinesh Whether Speaking/Reasoned :

Yes/No Whether Reportable :

Yes/No