Jagya Dutt Sharma vs. State Of Punjab & Ors
Held
The Court 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 their GST liability within eight weeks of receiving the payment. The respondent-Corporation was also directed 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, and this payment was to be made within three months. The Court disposed of the writ petition without delving into the merits of the case, focusing on an amicable resolution based on the parties' undertakings and the issuance of the completion certificate.
Facts
The petitioner, Jagya Dutt Sharma, filed a writ petition seeking directions for the respondents to pay the remaining outstanding amount along with interest at 18% per annum for completed work. The respondents, represented by counsel for respondent Nos. 2 to 8, stated that all bills, including GST challan forms, had been released, and a completion certificate was issued. However, they also mentioned that some work still required completion. The payment was reportedly withheld due to the petitioner not submitting GST bills. The Court was informed that the petitioner had undertaken to clear GST liability within eight weeks of receiving payment.
Key Issues
1. Whether the respondents are liable to pay the outstanding amount along with interest to the petitioner for the completed work, considering the delay in payment and the petitioner's GST liability? (Mixed question of law and fact, concerning contractual obligations and payment terms). Petitioner's contention: The petitioner argued for the release of the remaining outstanding amount with 18% interest due to the completion of the work. The petitioner also undertook to clear GST liability upon receipt of payment. Respondents' contention: The respondents (State of Punjab and others, specifically Nos. 2 to 8) contended that payment was delayed because the petitioner had not submitted GST bills. They also raised a point that some work still required completion, contradicting the petitioner's claim of full completion. They did not explicitly argue on the rate of interest.
AI-generated summary — verify with the full judgment below
CWP-28308-2018 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-28308-2018 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.Pulkit Jain, Advocate for respondent Nos. 2 to 8 None for respondent No.9 **** 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. Reply on behalf of respondent Nos.2 to 8 has been filed in the Court today and the same is taken on record. Copy has been supplied to the opposite counsel. Learned counsel for respondent Nos. 2 to 8 informs that all the bills raised by the petitioner, wherein GST challan forms were filed, have GAURI SHANKER 2019.12.03 12:03 I attest to the accuracy and integrity of this document
CWP-28308-2018 2 already been released. He further informs that the work has been
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