Disposed

M/S Lambodra Infra Investment Pvt. Ltd. v. State of Punjab & Ors.

Punjab & Haryana HC10 Apr 2013CWP/7726/2013

Case brief

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What is this about?

Court disposed of a writ petition seeking quashing of a show cause notice for arrears and waiver of interest on construction loan. Directing respondents to consider representations within three months and permitting interim deposit of dues without prejudice to legal rights.

What did the court decide?

Direction to respondents to consider representations and pass speaking order within three months; petitioner directed to deposit amount without prejudice to rights.

M/S Lambodra Infra Investment Pvt. Ltd. Vs State… — Property and Title | Punjab & Haryana HC (2013)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Civil Writ Petition No.7726 of 2013 Date of Decision : April 10, 2013

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M/s Lambodra Infra Investment Pvt. Ltd. .....Petitioner versus

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The State of Punjab and others

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.....Respondents

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CORAM : HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MR.JUSTICE R.P.NAGRATH.

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Present : Mr.Ramandeep Singh Pandher, Advocate, for the petitioner.

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-.-

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Whether Reporters of Local papers may be allowed to see the judgment?

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2.To be referred to the Reporters or not?

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3.Whether the judgment should be reported in the Digest?

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Surya Kant, J. (Oral)

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Besides seeking quashing of the show cause notice dated 15.3.2013 (Annexure P-10) whereby it has been called upon to deposit a sum of Rs.2,08,07,250/- towards arrears of installments, interest and penalty in respect of SCO Site Nos.30 & 31, Sector 71, SAS Nagar Mohali, the petitioner-company also seeks a mandamus to direct the Greater Mohali Area Development Authority (for short, 'GMADA') to waive off interest on principal amount of installments for the period of delay between issuance of allotment letter and sanctioning of building plan as there was allegedly delay in handing-over physical possession of the sites to the petitioner-allottee. The above-stated claim has been raised by the petitioner through various representations including dated 19.7.2012 & 1.11.2012 placed on record collectively as Annexure P-7, followed by another representation dated 22.3.2013 (Annexure P-12).

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CWP No.7726 of 2013

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[2]

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Since the above-mentioned plea taken by the petitioner is essentially a question of fact which can be effectively considered by the Competent Authority, we dispose of this writ petition, however, without expressing any views on merits of the petitioner's claim, with a direction to respondent Nos.2 & 3 to consider and dispose of the above-mentioned representations of the petitioner by passing a speaking order within a period of three months from the date of receiving a certified copy of this order. The petitioner may, meanwhile, deposit the due amount as demanded by respondent Nos.2 & 3, without prejudice to its legal rights.

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We further direct that in the event of nonacceptance of the petitioner's claim, it shall be required to deposit the demanded amount though without prejudice to its rights to challenge the decision of the Competent Authority, before an appropriate forum.

Ordered accordingly.

Dasti.

(SURYA KANT) JUDGE

April 10, 2013 (R.P.NAGRATH) Mohinder JUDGE

M/S Lambodra Infra Investment Pvt. Ltd. v. State of Punjab & Ors.

Case brief

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M/S Lambodra Infra Investment Pvt. Ltd. v. State of Punjab & Ors.

Case brief

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