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Kailash Co-Op Labour and Const. v. State of Punjab and Ors.

Punjab & Haryana HC9 Jan 2009CWP/242/2009

Case brief

AI extract

What is this about?

Petitioner society filed a writ petition seeking mandamus to direct respondents to release unpaid dues regarding final bills for four executed government works. The court held there was no justification to withhold the amount discovered and disposed of the petition.

What did the court decide?

Direction to respondents to settle the petitioner's account and release whatever is found due within two months.

Kailash Co-Op Labour and Const. Vs… — Public Procurement and Tenders | Punjab & Haryana HC (2009)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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C.W.P NO. 242 OF 2009 DECIDED ON : 09.01.2009

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The Kailash Coop. Labour

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...Petitioner

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versus

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State of Punjab and others

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...Respondents

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CORAM : HON'BLE MR. JUSTICE SURYA KANT

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Present : Mr. Hemant Saini, Advocate, for the petitioner.

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SURYA KANT, J. (ORAL)

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Notice of motion.

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Mr. G. S. Attariwala, Additional AG, Punjab accepts

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notice.

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Having regard to the nature of the order which I propose to pass in the instant writ petition, learned State counsel submits that there is no need to file any counter affidavit.

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The petitioner-society seeks a mandamus to direct the respondents to release the payment of Rs.16,07,440/- towards the final bill for four works executed by it in terms of the work orders No. 53/2, 1/111, 31/111, 34/111 dated 30.03.2005, 26.02.2007, 08.06.2007 and 09.06.2007 respectively, along with interest. The petitioner relies upon the contents of legal notice dated 19.09.2008 (Annexure P-5) issued by its counsel to the respondents.

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C.W.P NO. 242 OF 2009

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-2-

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It appears that the petitioner society is entitled to be paid certain dues on account of the work executed by it. The said payment, however, is not being released on account of one or the other administrative reasons.

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In these circumstances, I am of the considered view that whatever amount the petitioner has been found entitled to by the respondents, their can to be no justification to withhold the same.

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Consequently, the Civil Writ Petition is disposed of with a direction to the respondents to settle the petitioner's account and whatever is found due, to release the same to it within a period of two months from the date of receipt of certified copy of this order.

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As regards the petitioner's claim for interest, the same cannot be effectively decided in these proceedings and the petitioner would be entitled to recover the same, if so admissible, as per law.

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Disposed of.

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JANUARY 09, 2008 shalini

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(SURYA KANT) JUDGE

Kailash Co-Op Labour and Const. v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Kailash Co-Op Labour and Const. v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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