Punjab-Haryana High Court
The Bopa Rai Co-Op. L &C Society Ltd vs State Of Punjab And Others on 12 May, 2009
Author: Surya Kant
Bench: Surya Kant
C.W.P NO. 7162 0F 2009 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.W.P NO. 7162 0F 2009
DECIDED ON : 12.05.2009
The Bopa Rai Co-op. L &C Society Ltd.
...Petitioner
versus
State of Punjab and others
...Respondents
CORAM : HON'BLE MR. JUSTICE SURYA KANT
Present : Mr. Hemant Saini, Advocate,
for the petitioner.
SURYA KANT, J. (ORAL)
Notice of motion.
Mr. G. S. Attariwala, Additional Advocate General, Punjab, accepts notice on behalf of the respondents.
The petitioner-Society seeks a mandamus to direct the respondents to release the payment of Rs.1,48, 849/- along with interest for the work executed by it.
The petitioner is a Society registered under the Cooperative Societies Act and claims to have executed the work allotted to it by the respondents, within the stipulated period and to the satisfaction of the authorities. However, the due payment of Rs.1,48,849/- is not being released to the petitioner-Society, despite service of legal notice dated 22.04.2008 (Annexure P-1) on its behalf.
C.W.P NO. 7162 0F 2009 -2-
It appears that the petitioner-Society is entitled to be paid certain dues on account of the work executed by it. The said payment, however, is not being released for one or the other administrative reasons.
In these circumstances, I am of the considered view that whatever amount the petitioner-Society has been found entitled to by the respondents, there is no justification to withhold the same.
Consequently, this writ petition is disposed of with a direction to the respondents to consider the petitioner's claim as contained in the legal notice dated 22.04.2008 (Annexure P-1) and settle its account and whatever is found due, release the same within a period of two months from the date of receipt of certified copy of this order.
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.
Disposed of.
MAY 12, 2009 (SURYA KANT) shalini JUDGE