M/S Malwa Engineering Work vs State Of Punjab And Ors on 19 February, 2024

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Punjab-Haryana High Court

M/S Malwa Engineering Work vs State Of Punjab And Ors on 19 February, 2024

                                                           Neutral Citation No:=2024:PHHC:022930


                         AT CHANDIGARH
                                        CWP-20216-2019 (O&M)
                                        Date of decision: 19.02.2024

M/s Malwa Engineering Work, Sector-22 D, Chandigarh                   ...Petitioner

State of Punjab and others                                         ...Respondents


Present :-    Mr. Balpreet Singh, Proprietor of the petitioner-Firm in person.

              None for the respondents.



1. Prayer in the present petition is for issuance of directions to the

respondents to release the amount of Rs.7,27,144/- qua the work of night

sanitation around Golden Temple, Amritsar, done by the petitioner-Firm.

2. Mr. Balpreet Singh, contends that earlier his father was the

Proprietor of the petitioner-Firm and on account of ill health of his father, he

is currently the Proprietor of the Firm. He contends that tender for the job of

night sanitation around Golden Temple, Amritsar, was allotted to the Firm

vide letter No. H/468 dated 30.07.2013 and that the said contract had been

satisfactorily executed. He submits that the dues of the Firm were, however,

not cleared. The present petition has thus been filed for seeking

disbursement of the undisputed payments payable to the petitioner-Firm.

3. A written statement has been filed on behalf of respondents

No.2 and 3, wherein it is averred that a civil suit bearing No.1636 of 2016

had been filed by the petitioner-Firm before the Civil Court at Amritsar and

the amount was reassessed and calculated by the respondents as

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Neutral Citation No:=2024:PHHC:022930

215 CWP-20216-2019 (O&M)

Rs.5,87,826/-. A cheque No.028399 dated 15.03.2017 had been got

prepared by respondent No.2 and the same was offered to the petitioner in

the mediation, however, the same was accepted by the petitioner. The said

fact was also stated in the written statement filed on behalf of the written

statement filed by the respondents in the aforesaid civil suit. A further

objection has been raised that if the petitioner has any dispute as regards the

assessment of the dues, the same could have been agitated as per the remedy

prescribed in the contract agreement.

4. The petitioner in person submits that he has no objection, in

case the undisputed amount admitted and acknowledged by the respondents

is released to him with liberty to pursue the remedies in accordance with law

against the disputed claim. He further submits that he shall withdraw

pending civil suit before the Civil Court.

5. In view of the above aforesaid statement, the present writ

petition is disposed of without commenting on the merits of the case and that

the respondents No.2 and 3 i.e. Municipal Corporation, Amritsar, shall

release the undisputed amount to the petitioner as stated by them in their

written statement filed before the Court within a period of two months of

receipt of certified copy of this Order.

6. The petitioner shall, however, be at liberty to pursue his

alternate remedies for the balance amount.

7. Petition stands disposed of accordingly.

                                                 (VINOD S. BHARDWAJ)
19.02.2024                                               JUDGE
Mangal Singh

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

                                                            Neutral Citation No:=2024:PHHC:022930

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