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The Mangat Coop Labour &Construction Society Ltd. v. State of Punjab and Ors.

Punjab & Haryana HC21 Apr 2009CWP/5657/2009

Case brief

AI extract

What is this about?

In this C.W.P., the petitioner society sought a mandamus for payment of an executed work bill. The court directed respondents to settle the account and release any due amount within two months, noting interest claims could not be decided here.

What did the court decide?

Direction to respondents to settle petitioner's account and release any amount found due within two months.

The Mangat Coop Labour &Constr… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2009)

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C.W.P NO. 5657 OF 2009

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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C.W.P NO. 5657 OF 2009 DECIDED ON : 21.04.2009

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The Mangat Co-op. L & C Society Ltd.

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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 Advocate General, Punjab, accepts notice on behalf of the respondents.

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The petitioner-Society seeks a mandamus directing the respondents to release the payment of Rs.81,042/- and security of Rs.4945/-, along with interest for the work executed by it.

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The petitioner-Society is stated to have executed the work allotted to it by the respondents vide work order No.82 dated 26.09.2006, within the stipulated period and to the satisfaction of the authorities. Bill was also prepared and submitted by the petitioner-Society. However, the due payment of Rs.81,042/- is not being released to the petitioner-Society, despite moving several representations, including the one dated 03.02.2009 (Annexure P-2).

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C.W.P NO. 5657 OF 2009

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It appears that the petitioner-Society might be entitled to certain payments on account of the work executed by it but such payments are not being released for one or the other administrative reasons.

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In these circumstances, I am of the considered view that it is imperative upon the respondents to consider the petitioner's claim and whatever amount the petitioner-Society is found entitled to, not to withhold the same.

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Consequently, this writ petition is disposed of with a direction to the respondents to settle the petitioner's account and if anything is found due, to release the same 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-Society would be at liberty to recover the same, if so admissible, as per law.

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Disposed of.

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(SURYA KANT) JUDGE

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APRIL 21, 2009 shalini

The Mangat Coop Labour &Construction Society Ltd. v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

The Mangat Coop Labour &Construction Society Ltd. 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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