Disposed

M/S Tesoro Indo Constructins Co. Pvt. Ltd. v. Industrial Finance Corp of India and Anr.

Punjab & Haryana HC9 May 2008CWP/7749/2008

Case brief

AI extract

What is this about?

Petitioner sought writ of mandamus directing respondents to grant payment under an award and stop payments to others. Court held a notice had already been served, so granted direction for a speaking decision on notice within two months and payment if due within one month thereafter.

What did the court decide?

Direction to respondents to decide on legal notice within two months and pay petitioner within one month if amount is due.

M/S Tesoro Indo Constructins Co… — Contract and Commercial Disputes | Punjab & Haryana HC (2008)

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In the High Court of Punjab and Haryana at Chandigarh

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CWP No.7749 of 2008 Date of decision: 9.5.2008

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M/s Tesoro Indo Constructions Co. Pvt. Ltd.

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......Petitioner

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Versus

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Industrial Finance Corporation of India and another

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.......Respondents

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CORAM: HON'BLE MR.JUSTICE M.M.KUMAR

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HON'BLE MRS. JUSTICE SABINA

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Present: Mr.Amit Jhanji, Advocate, for the petitioner.

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M.M.KUMAR, J.

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This petition filed under Article 226 of the Constitution prays for issuance of a writ in the nature of mandamus directing respondent No.1 to consider the case of the petitioner for granting the payment as per the Award dated 19.11.2004 vide which the petitioner is entitled for recovery of an amount of Rs. 34,73, 914/from respondent No.2. It is further prayed that respondent No.1 be restrained from making payment to other creditors or dispose of the property during the pendency of this petition.

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For the relief claimed in the instant petition, the petitioner has already sent a legal notice dated 11.3.2008 (P-6) to the respondents to which no reply is stated to have been received.

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We have heard the learned counsel for the petitioner at

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CWP No.7749 of 2008

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-2-

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some length and perused the paper book. It is well settled that before seeking a direction or a writ of mandamus, a demand justice notice is required to be served on the respondents as has been done in the present case. Therefore, without going into the merits of the case, we dispose of the writ petition at this stage with a direction to the respondents to take a decision on the legal notice dated 11.3.2008 (P-6) sent by the petitioner by passing a speaking order within a period of two months from the date of receipt of a certified copy of this order. If any amount is found due the same be paid to the petitioner within a month thereafter.

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Petition stands disposed of in the above terms.

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(M.M.KUMAR) JUDGE

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(SABINA) JUDGE

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May 09, 2008 anita

M/S Tesoro Indo Constructins Co. Pvt. Ltd. v. Industrial Finance Corp of India and Anr.

Case brief

What is this about?

What did the court decide?

M/S Tesoro Indo Constructins Co. Pvt. Ltd. v. Industrial Finance Corp of India and Anr.

Case brief

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What did the court decide?

What the court decided

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