Punjab-Haryana High Court
M/S G.N.S. Constructions vs The Punjab Mandi Board And Others on 28 September, 2022
IN THE PUNJAB AND HARYANA HIGH COURT AT
CHANDIGARH
214 CWP-3699-2020 (O&M)
Date of Decision: 28.09.2022
M/S G.N.S. CONSTRUCTIONS
... Petitioner
VERSUS
THE PUNJAB MANDI BOARD AND OTHERS
... Respondents
CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ.
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Present: Mr. Chirag Girdhar, Advocate
for the petitioner(s).
Ms. Niharika Sharma, AAG, Punjab
for respondent No.2.
Mr. Parambir Singh, Advocate
for respondents No.1 & 3.
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VINOD S. BHARDWAJ, J. (ORAL)
The instant petition has been instituted under Articles 226/227 of
the Constitution of India seeking issuance of a writ in the nature of
Mandamus directing the respondents to pay interest on account of delay in
disbursement of the payment qua works executed by the petitioner.
Learned counsel for the petitioner contends that the petitioner
had executed various works assigned to it from time to time and there had
never been any complaint against the due and proper execution of the works.
The bill regarding satisfactory execution of the work was duly approved by
the competent authority, however, the payment in that regard was not
released. The petitioner approached the respondent authorities on a number
of occasions for disbursement of the outstanding payment and even a legal
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notice was also got served upon the respondent authority, but all in vain.
Consequently, the petitioner was constrained to file a CWP-21028 of 2017,
which was disposed of on 13.11.2017 with a direction to the respondents to
decide the legal notice within a period of three weeks and in case any amount
is found payable, then to release the same in favour of the petitioner. The
said order, however, was not complied with by the respondents compelling
the petitioner to file COCP No.3396 of 2017. The said COCP was disposed
of on 06.12.2017 with direction to the respondents to take steps to purge the
contempt at the earliest. Consequently, the respondents decided the legal
notice served by the petitioner, however, the claim qua payment of interest on
delayed payment has not been considered in the speaking order so passed by
the respondent authorities while deciding the legal notice. The present
petitioner thus seeks the release of interest on account of delay in
disbursement of the due payment.
Learned counsel for the petitioner(s), however, fairly submit that
the petitioner(s) are willing to withdraw the present petition enabling them to
avail alternative efficacious remedy of approaching the Civil Court for
seeking the aforesaid relief since various judgments of the High Court have
held the petitioners (in the concerned petitions) to be entitled for interest in
the cases where there is an inexplicable delay in release of the due payment.
The petitioner(s) also seek liberty to raise all such pleas before the Civil
Court and/or any other competent Forum/Authority in appropriate
proceedings and at appropriate stage.
The aforesaid prayer is not opposed by the learned counsel for
the respondents.
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Accordingly, without commenting anything on the merits of the
each case, the present petitions are disposed of as withdrawn with the liberty
as aforesaid.
(VINOD S. BHARDWAJ)
SEPTEMBER 28, 2022 JUDGE
Vishal sharma
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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