Jagya Dutt Sharma vs. State Of Punjab & Ors

CWP/28391/2018HC Punjab and HaryanaGSTCNR PHHC01100258201827 November 2019Bench: MR. JUSTICE JITENDRA CHAUHAN2 pages
AI SummaryRemanded

Held

The Court, without delving into the merits of the case, directed the respondent-Corporation to release the entire payment for which a completion certificate had been issued to the petitioner. The petitioner undertook to clear his GST liability within eight weeks of receiving the payment. Additionally, the respondent-Corporation was ordered to pay interest at the rate of 6.5% per annum on the delayed payment, calculated from the date of issuance of the completion certificate, within three months. The Court did not explicitly address the issue of whether some work still required completion, focusing instead on releasing payment for certified completed work and compensating for the delay.

Facts

The petitioner, Jagya Dutt Sharma, filed a writ petition seeking directions for the respondents to pay the remaining outstanding amount along with interest for completed work. The respondents (State of Punjab and others, specifically respondent Nos. 2 to 7) stated that all bills submitted by the petitioner, including GST challan forms, had been released. They further indicated that the work was completed and a completion certificate was issued, but payment was delayed due to the petitioner not submitting GST bills. However, at a later stage, counsel for respondents 2 to 7 informed the court that some work still required completion. The petitioner sought payment of the outstanding amount with interest.

Key Issues

1. Whether the respondent-Corporation is liable to release the entire payment for work completed, as evidenced by a completion certificate, despite an assertion that some work still requires completion? 2. Whether the petitioner is entitled to interest on the delayed payment of the outstanding amount? Petitioner's Contention: The petitioner sought directions for the release of the remaining outstanding amount along with interest at 18% per annum for the completed work. Respondents' Contention: Respondent Nos. 2 to 7 initially stated that all bills with GST challan forms were released and the work was completed with a certificate issued. They later clarified that some work still required completion. They also indicated that payment was delayed due to the petitioner not submitting GST bills.

AI-generated summary — verify with the full judgment below

CWP-28391-2018 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-28391-2018 Date of decision: 27.11.2019 Jagya Dutt Sharma ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr.RK Dadwal, Advocate for the petitioner Mr.Vikas Mohan Gupta, Addl.AG, Punjab Mr.Shaurya Punj, Advocate for Mr.TVS Lehal, Advocate for respondent Nos. 2 to 7 None for respondent No.8 **** JITENDRA CHAUHAN, J. This writ petition under Articles 226/227 of the Constitution of India has been filed for issuance of direction to the respondents to pay remaining outstanding amount to the petitioner alongwith interest @ 18% per annum, which is due towards the respondents after completion of the entire work. Learned counsel appearing on behalf of respondent Nos. 2 to 7 informs that all the bills raised by the petitioner, wherein GST challan forms were filed, have already been released. He further informs that the work has been completed against which, the completion certificate also stands GAURI SHANKER 2019.12.03 12:03 I attest to the accuracy and integrity of this document

CWP-28391-2018 2 issued. The payment could not be released to

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