Writ petition by a Government Contractor seeking mandamus for unpaid dues and interest. Court directed respondents to settle accounts and pay due amount within two months but left interest claim open.
Direction to respondents to settle petitioner's account and release due amount within two months; interest claim left open.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.W.P NO. 5210 OF 2009
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.W.P NO. 5210 OF 2009 DECIDED ON : 01.04.2009
Sita Ram
...Petitioner
versus
State of Punjab and others
...Respondents
CORAM : HON'BLE MR. JUSTICE SURYA KANT
Present : Mr. S. C. Jindal, Advocate, for the petitioner.
SURYA KANT, J. (ORAL)
Notice of motion.
Mr. G. S. Attariwala, Additional Advocate General,
Punjab, accepts notice on behalf of the respondents.
The petitioner seeks a mandamus directing the respondents to release the payment along with interest for the work executed by him.
The petitioner is an approved Government Contractor, who is stated to have executed various works assigned to him by the respondents from time to time within the stipulated period and to the satisfaction of the authorities. However, the due payment is not being released to the petitioner, despite service of legal notice dated 07.12.2007 (Annexure P-1) upon the respondents.
C.W.P NO. 5210 OF 2009
-2-
It appears that the petitioner is entitled to be paid certain dues on account of the work executed by him. The said payment, however, is not being released for one or the other administrative reasons.
In these circumstances, I am of the considered view that whatever amount the petitioner has been found entitled to by the respondents, there is no justification to withhold the same.
Consequently, this writ petition is disposed of with a direction to the respondents to settle the petitioner's account and whatever is found due, release the same within a period of two months from the date of receipt of certified copy of this order.
As regards the petitioner's claim for interest, the same cannot be effectively decided in these proceedings and the petitioner would be at liberty to recover the same, if so admissible, as per law.
Disposed of.
(SURYA KANT) JUDGE
APRIL 01, 2009 shalini
2 issues framed by the court
Whether the respondents are directed to settle the petitioner's account and release anyDue amount within two months?
Whether the claim for interest is effectively disposed of in these proceedings?
Sita Ram
State of Punjab
Surya Kant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
