High Court of Punjab and HaryanaCWP/25658/2021disposed of

M/S Jaswant Rai Verma v. State Of Punjab And Others

2021-12-16Mr. Justice Raj Mohan Singh3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 16.12.2021 M/s Jaswant Rai Verma -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 for issuance of an appropriate writ in the nature of mandamus directing the respondents to make payment of balance amount of Rs.36,31,106/- qua the work done by the petitioner along with interest.

Petitioner is a government contractor and has executed work assignment assigned to it by the respondents from time to time. The work of periodical repair of NH-21 for a particular stretch was allocated to the petitioner on 22.02.2021. Petitioner successfully completed the work, but payments towards third and final bill have not been released so far. The

-2balance payment is an admitted fact between the parties and the liability is of respondent No.6 to pay it off. Precisely for the claim in question, the petitioner has already filed legal notice/representation dated 12.11.2021 before respondent No.6, but the claim of the petitioner has not been answered so far.

Notice of motion.

On the asking of the Court, Mr. T.P.S. Chawla, D.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.6 to take an appropriate decision on pending representation/legal notice dated 12.11.2021 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.

If respondent No.6 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

-3period 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.

16.12.2021 (RAJ MOHAN SINGH) Jyoti Sharma JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No