In the High Court of Punjab and Haryana at Chandigarh C.W.P.No.1416 of 2007 Date of Decision:23-05-2008 Sh. Parshotam Singh Cheema ---Petitioner vs. Bharat Sanchar Nigam Limited, Punjab Region, Chandigarh and others ---Respondents Coram: HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MRS. JUSTICE SABINA Present: Mr.Vivek Sharma, Advocate, for the petitioner Mr.Arvind Rajotia, Advocate, for respondents M.M.KUMAR, J. The claim made by the petitioner in the instant petition filed under Article 226 of the Constitution is for issuance of direction to the respondents to make payment of the final bills of the works completed by the petitioner at the earliest because the bills are stated to have been withheld by respondents without any rhyme and reason since 2003. Further prayer for payment of interest at the rate of 18% per annum for delaying the payment has also been made. When the matter came up for consideration on 1.5.2008, we had heard the counsel for the parties at some length and found that there is C.W.P.No.1416 of 2007 -2- no dispute with regard to the completion of work and the case of the petitioner was recommended for payment. Order dated 1.5.2008 is self speaking which reads thus:- “During the course of arguments it has transpired on reading of para 4 of the petition that the work has been executed by the petitioner in accordance with the directions issued by the Junior Engineer and Sub Divisional Officer and measurement books have also been completed by those officers. The work done by the petitioner has been recommended by them for payment. The only objection raised in the written statement is that the bills have not been submitted in accordance with the tender agreement which remains a mystery. The bills have been submitted in original. Thereafter, even in duplicate bills, cuttings have been initialled properly. Therefore, there is hardly any dispute for the respondents to make it a dispute referable to the Arbitrator as per clause 22 of the agreement. In fact, there are allegations against the Deputy General Manager, Bharat Sanchar Nigam Limited, Hoshiarpur, in pare 5 of the writ petition, that he was asking for donation and the aforesaid officer, according to the counsel for the respondents, stands transferred. Therefore, we see no reason for the respondents to delay the payment of the petitioner. Let the needful be now done before the next date of hearing. List again on 15.5.2008.” C.W.P.No.1416 of 2007 -3- In pursuance to the aforementioned observation, learned counsel for the respondents has handed over two cheques for total amount of Rs. 9,21,319/- to the learned counsel for the petitioner. There is some dispute with regard to other amount because learned counsel for the petitioner states that it is not the full and final payment as per the bills submitted by the petitioner and sanctioned by the officers of the respondents. After hearing learned counsel for the parties we deem it just and appropriate to dispose of the writ petition with liberty to the petitioner to raise the issue of balance amount of payment including the claim of interest on account of delayed payment before the departmental authorities, who shall decide the same in accordance with law. Writ petition is disposed of in the above terms. (M.M.KUMAR) JUDGE (SABINA) JUDGE May 23, 2008 paramjit