Disposed¶19

M/S Kulwinder Singh and Company v. State of Punjab and Others

Punjab & Haryana HC26 Mar 2025CWP/4399/2025

Case brief

AI extract

What is this about?

CWP-4399-2025; High Court of Punjab and Haryana at Chandigarh; Kuldeep Tiwari J.; Article 226; mandamus; release of admitted payment Rs.1,44,38,464/-; interest @ 18% per annum; Construction of Children Home for Boys; village Usman, District Tarn Taran; Department of Social Security and Women and Child Development, Punjab; Deputy Director Amarjeet Singh Bhullar; bills processed; payment within three months; writ not pressed; liberty to agitate interest claim before appropriate forum; disposed 26.03.2025.

What did the court decide?

Writ petition disposed of as not pressed, with liberty to the petitioner to raise the dispute regarding the interest amount before the appropriate forum; the State counsel stated on instructions that the admitted bill amount would be paid within three months. ¶19

M/S Kulwinder Singh and Company Vs State… — Writ and Judicial Review | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents ought to be directed, by mandamus under Article 226, to release the admitted payment of Rs.1,44,38,464/- for the executed work 'Construction of Children Home for Boys' at village Usman, District Tarn Taran. +1 more

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Court's answer

In view of the specific statement suffered by the learned State counsel that the admitted bill amount had been processed and would be paid within three months, the instant writ petition was disposed of, being not pressed, at this stage.

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Key takeaways

The claim regarding interest was not pressed and was expressly left open: the petitioner's counsel reserved her rights to raise the dispute with regard to the interest amount before the appropriate forum, and this Court granted that liberty while disposing of the petition.obiter¶19

Detailed headnote1 paragraphs

Punjab and Haryana High Court (Kuldeep Tiwari, J., oral), CWP-4399-2025, decided 26.03.2025 — Writ petition under Article 226 of the Constitution by M/s Kulwinder Singh and Company seeking a mandamus directing the State of Punjab to release the admitted payment of Rs.1,44,38,464/- along with interest @ 18% per annum for the executed work 'Construction of Children Home for Boys' at village Usman, District Tarn Taran. Vide order dated 17.02.2025 the Court had sought instructions on sanctioning of the bills. On 26.03.2025, on instructions of the Deputy Director, Department of Social Security and Women and Child Development, Punjab, counsel stated that the bills had been processed and the admitted bill amount would be paid within three months. Counsel for the petitioner thereupon did not press the prayer, reserving her rights to raise the dispute regarding interest before the appropriate forum. Held: the writ petition was disposed of, being not pressed, with the said liberty.

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CWP-4399-2025 1

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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(282) CWP-4399-2025 Date of Decision : 26.03.2025

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M/s Kulwi n der Singh and Company …Petitioner

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Ve r sus

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State of Pu n jab and others ...Respondents

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CORAM: HON’BLE MR. JUSTICE KULDEEP TIWARI

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Present: Ms. Rashika Bansal, Advocate for Mr. Dheeraj Mahajan, Advoca t e for the petitioner.

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Mr. Teevar Sharma, AAG, Pu n jab.

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Mr. Suryaveer Surjewala, Adv o cate for the respondent No.3.

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KULDEEP TIWARI , J.(ORAL)

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Through the instant petition , cast under Article 226 of t he Constitutio n of India, a prayer is made for issuance of a mandamus, direct i ng the respon d ents, to release the admitted p a yment of Rs.1,44,38,464/-, al o ng with interes t @ 18% per annum, till the dat e of its realization, for the execu t ed work, as raised by the petitioner, from ti m e to time, in respect of the w o rk namely, ‘C o nstruction of Children Home f o r Boys’ at village Usman, Dist r ict Tarn Taran.

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This Court, vide order dated 1 7 .02.2025, had directed the lear n ed counsel for the State, to have apt instructi o ns, as to whether, the payment of the bills, as submitted by the petitioner has b een sanctioned, or not.

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MANPREET SINGH 2025.03.28 18:13 I attest to the accuracy and authenticity of this order/judgment

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CWP-4399-2025 2

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Today, learned counsel for the petitioner on instructions impar t ed to him by M r. Amarjeet Singh Bhullar, De p uty Director, Department of So c ial Security an d Women and Child Development, Punjab, informs this Court, t h at the amount of the bills has already bee n processed and the admitted b ill amount wil l be paid within three months fr o m today.

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Learned counsel for the petiti o ner, at this stage, submits that s he does not w ish to press the prayer, as m ade in the instant writ petiti o n, reserving h e r rights to raise the dispute w ith regard to the interest amo u nt, before the a p t forum concerned.

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In view of the specific state m ent suffered by the learned S t ate counsel, th e instant writ petition is disposed of, being not pressed , at t his stage, with t he liberty aforesaid.

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(KULDEEP TIWARI) JUDGE

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March 26, 2 025 Manpreet

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Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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MANPREET SINGH 2025.03.28 18:13 I attest to the accuracy and authenticity of this order/judgment

M/S Kulwinder Singh and Company v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

M/S Kulwinder Singh and Company v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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