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M/S Osho Engineering Pvt. Ltd. v. State of Punjab and Ors.

Punjab & Haryana HC21 Apr 2017CWP/8172/2017

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What is this about?

In a civil writ petition, the Single Judge directed the Executive Engineer to consider a legal notice regarding a claim within two months and pass a speaking order. If justified, payment of the claim must be released within two weeks. The petition is disposed of accordingly.

What did the court decide?

Direction to Executive Engineer to consider legal notice within two months, pass speaking order, and release payment within two weeks if justified. Petition disposed.

M/S Osho Engineering Pvt. Ltd. Vs… — Contract and Commercial Disputes | Punjab & Haryana HC (2017)

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CWP No.8172 of 2017

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CWP No.8172 of 2017 Date of decision:21.04.2017

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M/s OSHO Engineering Pvt. Ltd.

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... Petitioner

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Vs.

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The State of Punjab and others

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... Respondents

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CORAM: HON'BLE MR. JUSTICE AMIT RAWAL

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Present:Mr. Neeraj Madan, Advocate for the petitioner.

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AMIT RAWAL J. (Oral)

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Learned counsel for the petitioner submits that he will be satisfied if a direction is issued to respondent No.3 - The Executive Engineer, Construction Division No.1, PWD (B&R), Ferozepur to consider the legal notice dated 01.02.2017 (Annexure P-3) within a stipulated period.

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With regard to maintainability of the writ petition, the petitioner relies upon judgment rendered by coordinate bench of this Court in M/s Ludhiana Builders Vs. State of Punjab and others in CWP No.14356 of 2012 on 21.12.2015 wherein placing reliance upon the judgment of Hon'ble Supreme Court, it has been held that it is no longer res integra that contractual disputes involving public law element are amenable to writ jurisdiction and since the respondents, who are instrumentality of State, acted in contravention of Article 14 of the Constitution of India, the writ Court can issue suitable directions to set right the arbitrary actions of

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Savita 2017.04.24 10:35 I attest to the accuracy and integrity of this document High Court Chandigarh

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CWP No.8172 of 2017

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the respondents.

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Without going into the merits and demerits of the claim of the petitioner, I deem it appropriate to direct respondent No.3 - The Executive Engineer, Construction Division No.1, PWD (B&R), Ferozepur to consider the legal notice dated 01.02.2017 (Annexure P-3)within a period of two months from the date of receipt of certified copy of this order and shall pass a speaking order thereon. If the claim of the petitioner is found justified, the payment shall be released to the petitioner within a period of two weeks thereafter.

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The writ petition stands disposed of with the above direction.

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	(AMIT RAWAL) JUDGE
April 21, 2017
savita
Whether Speaking/Reasoned	Yes/No
Whether Reportable	Yes/No

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Savita 2017.04.24 10:35 I attest to the accuracy and integrity of this document High Court Chandigarh

M/S Osho Engineering Pvt. Ltd. v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

M/S Osho Engineering Pvt. 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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