M/S Highway Builders vs State Of Punjab And Ors
2023 Latest Caselaw 9382 P&H

                                                         Neutral Citation No:=2023:PHHC:084505




                                                          2023:PHHC:084505

          IN THE HIGH COURT OF PUNJAB & HARYANA
                      AT CHANDIGARH
227 (4)
                                                           CWP-4069-2022
                                                Date of decision: 05.07.2023

M/S HIGHWAY BUILDERS                                              .........Petitioner

                                    VERSUS


STATE OF PUNJAB AND OTHERS                                      ........Respondents


CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ

                                 *****

Present:-    Mr. Chirag Girdhar, Advocate
             for the petitioner.

             Mr. Saurav Verma, Addl. A.G. Punjab.

                                 *****

VINOD S. BHARDWAJ, J. (Oral)

Prayer in the instant civil writ petition filed under Articles

226/227 of the Constitution of India is for 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 notice was also submitted

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2023:PHHC:084505

before the respondent Authority, but all in vain. The payment has been

released after delay resulting in accruement of interest and the present

petitioner thus seeks the release of interest on account of delay in

disbursement of the due payment.

Learned counsel for the petitioner, however, fairly submits

that the petitioner is willing to withdraw the present petition enabling

him 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 also seeks liberty to raise all

such pleas before the Civil Court and/or any other competent

Forum/Authority in appropriate proceedings and at appropriate stage.

Accordingly, without commenting anything on the merits

of the case, the present petition is disposed of as withdrawn with the

liberty as aforesaid.

                                              (VINOD S. BHARDWAJ)
                                                    JUDGE
JULY 05, 2023
Vishal sharma
                      Whether speaking/reasoned         :       Yes/No
                      Whether reportable                :       Yes/No

Neutral Citation No:=2023:PHHC:084505

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