CWP No. 7125 of 2010 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CWP No. 7125 of 2010 Date of decision July 28 , 2011 M/s Sandhu Builders Private Ltd. ....... Petitioner Versus The Punjab Small Industries and Export Corporation Ltd.,and another ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Raman Sharma, Advocate for the petitioner. Mr. R. K. Goyal, Advocate Mr. A.R. Takkar, Advocate for respondent No.1. Ms. Neetu Prashar, Advocate for respondent No.2. **** 1. Whether reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the reporters or not? No 3. Whether the judgment should be reported in the digest? No K. Kannan, J (oral). 1. To a claim for payment by the petitioner for the work done in a contract, the second respondent for whom the construction was secured by the first respondent from the petitioner, a statement is given registering the fact that out of the total bill amount of `9,37,963/-, `5,23,868/- the is penalty for delay in construction of the building, `89212/- was due to rectification of defects, `2,00,153/- was the amount paid to Bathinda Development Authority as penalty for raising a construction without prior sanction and only a sum of `1,00,000/-was outstanding due, CWP No. 7125 of 2010 2 which had been released to the first respondent which in turn has been paid to the petitioner. 2. The amounts which the second respondent claims by way of set off against the amount claimed as due to the petitioner cannot be taken as a final adjudication of the petitioner's rights. The matter involves an adjudication of disputed questions which cannot be resolved in the writ jurisdiction. The petitioner will resort to independent civil action for recovery of the amounts if he is aggrieved at the details given by the second respondent to the first respondent, with a copy marked to the petitioner. 3. With these observations the writ petition is disposed of. (K. KANNAN) JUDGE July 28, 2011 archana