M/S Pilot Engineering Works vs. State Of Punjab And Others
Facts
The petitioner, M/s PILOT ENGINEERING WORKS, was awarded a work order for the construction of a new-in-take water chamber. The petitioner successfully executed the work, which was completed on March 15, 2020. While payments for three running bills were released, the final bill amounting to Rs. 19,60,789/-, including security, remained unpaid. Additionally, the petitioner claimed Rs. 1,17,647/- due to a 6% GST rate difference, bringing the total outstanding amount to Rs. 20,78,436/-. The petitioner had submitted the bill and made several representations, including a legal notice dated October 1, 2022, to Respondent No. 4, the Executive Engineer, Bhakhra Main Line Division, Patiala.
Held
The Court disposed of the petition with the consent of the parties, without commenting on the merits of the claim. The Court directed Respondent No. 4, the Executive Engineer, Bhakhra Main Line Division, Patiala, to examine the grievance raised by the petitioner in their Legal Notice dated October 1, 2022. Respondent No. 4 was ordered to pass a reasoned and speaking order within three months of receiving a certified copy of the Court's order, after providing an opportunity of hearing to the parties. The Court further stipulated that if any amount was found payable, it should be released forthwith, preferably within three months of the decision being taken by the respondent-authorities.
Key Issues
1. Whether the petitioner is entitled to the release of the outstanding payment of Rs. 20,78,436/-, including interest at 12% per annum, for the work executed? Petitioner's contention: The petitioner argued that the work was successfully completed and that the final bill, along with a GST rate difference claim, has not been paid despite representations and a legal notice. They sought a direction for the release of the due payment with interest. Revenue's contention: The respondents, represented by Ms. Niharika Sharma, AAG, Punjab, appeared and accepted notice. They stated they had no objection if the petitioner's prayer for a reasoned order was accepted.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 126
CWP-189-2023
Date of decision: 09.01.2023
M/s PILOT ENGINEERING WORKS
.......Petitioner
VERSUS
THE STATE OF PUNJAB AND OTHERS
.......Respondents
CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ
*****
Present:- Mr. Chirag Girdhar, Advocate
for the petitioner.
Ms. Niharika Sharma, AAG, Punjab
for respondents.
***** VINOD S. BHARDWAJ, J. (Oral)
The instant petition has been filed under Articles 226/227 of the Constitution of India for the issuance of a writ in the nature of mandamus directing the respondents to release the due payment of Rs. 20,78,436/- including security qua the works executed by the petitioner alongwith interest @ 12% per annum.
Learned counsel appearing on behalf of the petitioner contends that the petitioner was allotted work of Construction of New-in-take Water Chamber to supply Drinking Water for SAS Nagar Mohali and Chandigarh from Kajauli Head Works vide work order No. 48 dated 30.08.2018 for an amount of Rs. 69,52,960/-. The petitione
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