Muktsar Kalra Co-Op. L vs. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

Civil Writ Petition No.11352 of 2009 Date of Decision: 30.07.2009

The Muktsar Kalra Co-op L & C Society Ltd

Petitioner

Versus

The State of Punjab and others

Respondents

CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH

Present: Mr.Rajesh Kumar Girdhar, Advocate for the petitioner

…..

Jasbir Singh, J.(Oral)

Notice of motion.

On asking of the Court, Mr.A.K.Sharma, Additional Advocate General, Punjab accepts notice.

Heard.

By filing this writ petition, the petitioner has prayed that directions be issued to the respondents to make payment of the works executed by it.

Record shows that the petitioner was granted works of construction of various Sumplwells and the Works of Dewatering at village Jhabelwali, details of which is mentioned in paragraph No.2 of the writ petition.

It is contention of counsel for the petitioner that the petitioner has successfully completed the work as per terms and conditions of the contract agreement. Necessary measurement was entered in the measurement book by officers of the respondents, however, payment towards final bill has not been released.

During arguments, it transpires that by stating its grievance, the petitioner has sent a legal notice on 27.5.2009 (P1), which is pending undecided.

In view of facts mentioned above, this writ petition is disposed of by issuing directions to respondent No. 3, to decide legal notice served by the petitioner. If there is no legal hitch, admitted amount be paid to the petitioner within three months from the date of receipt of a copy of this order. To the contrary, if respondent No.3 wishes to reject claim of the petitioner on valid grounds, a speaking order be passed and a copy thereof be supplied to the petitioner.

Mr.Sharma is directed to ensure that the legal dues as claimed by the petitioner be paid to it.

Copy of the order be supplied to the State counsel under signatures of the Court Reader for compliance.

30.07.2009 (Jasbir Singh) gk Judge