LUDHIANA BUILDERS Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The Municipal Corporation, Ludhiana (hereinafter referred to as the "respondent-corporation") allotted 50% of the construction work, namely, "strengthening of Hambran Road by laying DBM & SDBC from R.D.O. to 5100 Meter M.C. Limit" to the petitioner-firm vide Work Order G33 No.39 EED dated 13.05.2008. The estimated cost of the total work was of Rs. 6,68,65,479/-, out of which the work allotted to the petitioner-firm was to the extent of 50%. The petitioner completed the work to the satisfaction of the respondent-corporation, which has been duly entered in the Measurement Books No.1886 and 2620. The respondent-corporation has paid to the petitioner the amount of first three running bills but the amount of fourth-cum-final bill of Rs. 67,19,464/- was not paid though the work stands completed long ago and the petitioner-firm has made various requests in regard thereto.

(2.) As a consequence, the present petition has been filed in which, after notice, counsel for the respondent-corporation made a statement that the payment has been sanctioned on the final bill of the petitioner-firm and the same shall be paid within two weeks and in the reply filed by the Additional Commissioner (Tech-D) of the respondent-corporation, the reason has been assigned for delay in payment is due to the loss of original case file as per the report of the Assistant Commissioner (Tech)-D dated 07.12.2012. However, it is submitted that the final bill has now been prepared relying upon the duplicate bill and vouchers.

(3.) The issue involved in this case at present is not of the payment of the principal amount but of the interest.