High Court of Punjab and HaryanaCWP/25861/2021disposed of

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

2021-12-17Mr. Justice Raj Mohan Singh3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 17.12.2021 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) The case has been taken up for hearing through video conferencing.

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 qua the works done by the petitioner.

Petitioner is a government contractor and has executed various work assignments assigned to it by the respondents from time to time. The works of Construction of Shajrana Link Drain and Desiliting of Jalalabad Mauzam Drain were allocated to the petitioner. Petitioner has successfully completed the work assignments, but the respondents have not

-2released the payments as the funds have been lapsed on 31.03.2020.

Precisely for the claim in question, the petitioner has already approached the respondents by way of filing representation (Annexure P-3) before respondent No.5, but the claim of the petitioner has not been answered so far. Notice of motion.

On the asking of the Court, Mr. Kanisth Ganeriwala, 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. If 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

-3interest @ 6% per annum for the delayed payment thereafter till final realization of the amount.

17.12.2021 (RAJ MOHAN SINGH) Jyoti Sharma JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No