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High Court of Punjab and HaryanaCWP/25236/2021disposed of

M/S Gurinder Singh Contractor v. State Of Punjab And Others

2021-12-13Mr. Justice Raj Mohan Singh3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 13.12.2021 M/s Gurinder Singh Contractor -Petitioner

Versus

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

Present:

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

**** RAJ MOHAN SINGH, J. (Oral) Petitioner has preferred this petition under Articles 226/227 of the Constitution of India for issuance of an appropriate writ, order or direction especially in the nature of mandamus directing the respondents to pay the balance amount qua the work done by the petitioner along with interest.

Petitioner is a government contractor and has executed various work assignments assigned to it by the respondents from time to time. On 21.12.2016, work assignments of construction of distribution system of various distributaries were allocated to the petitioner vide different agreements. The petitioner has successfully completed the said

-2assignments within stipulated period. There was no defect in execution of work at any point of time, but the respondents have not released the balance payment of these works till date despite the fact that the work was executed as per specifications of the department and to the entire satisfaction of the concerned authority.

Petitioner has submitted various representations for the release of the amount. Even office of respondent No.5 has acknowledged the entitlement of the petitioner by sending a letter to respondent N.4 thereby admitting the due amount to be paid to the petitioner.

Notice of motion.

On the asking of the Court, Ms. Sunint Kaur, 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 response from the respondents at this stage, as no order prejudicial to the interest of any party is being passed.

This petition is disposed of with a direction to respondent No.5 to take an appropriate decision on pending representation filed by the petitioner and decide the same in accordance with law preferably within a period of one month from the date of receipt of certified copy of this order.

-3If respondent No.5 ultimately comes to the conclusion that the petitioner is entitled for the amount in question, the same be paid forthwith within a further period of one month. In case, the amount in question is not paid within the aforesaid period of one month, thereafter, the petitioner shall be entitled to interest @ 6% per annum for the delayed payment thereafter till final realization of the amount.

13.12.2021 (RAJ MOHAN SINGH) Jyoti Sharma JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No