CWP No. 8431 of 1987 1 In the High Court of Punjab and Haryana, Chandigarh. CWP No. 8431 of 1987 Date of Decision: 01.02.2010 The Sardarwala Co-op, L/C Society Ltd. ....Petitioner Versus State of Punjab and another ....Respondents. Coram:- Hon'ble Mr. Justice Adarsh Kumar Goel Hon'ble Mr. Justice Alok Singh Present: None for the petitioner. Mr. Jaswinder Singh, DAG, Punjab for the respondents. ... Adarsh Kumar Goel, J. (Oral). 1. This petition questions levy of penalty of Rs.40,000/- on the petitioner for the non-execution of work and also to sign the agreement as stipulated in the contract agreement. 2. Main contention raised in the writ petition is that when agreement itself was not executed, the petitioner was not liable for any penalty. 3. Learned counsel for the State says that tender conditions were binding on the petitioner even in absence of execution of formal agreement as per requirement of Article 299 of the Constitution of India. He also submits that judgement of this Court in State of Haryana Vs. M/s. O.P. CWP No. 8431 of 1987 2 Singhal & Co., AIR 1984 358, which has been relied upon in the writ petition, has been over ruled by a Division Bench of this Court in M/s. Mittal Pipe Manufacturing Co. Vs. State of Haryana, AIR 1992 Punjab & Haryana, 244. 4. Since no one appears for the petitioner inspite of repeated calls, this petition is dismissed for non-prosecution. ( Adarsh Kumar Goel ) Judge ( Alok Singh ) Judge 01.02.2010 sk.