IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 9802 of 2025 Decided on 21st July 2025 M/s NDN Constructions …Petitioner Versus State of Himachal Pradesh and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. Vivek Negi, Advocate. For the respondents: Mr. Rahul Thakur, Deputy Advocate General. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has prayed for the following relief:- (i) “Direct the respondents to make payment of undisputed approved/passed sum of Rs.1,09,92,564/- (Rupees One Crore Nine Lakhs Ninety Two Thousand Five Hundred and Sixty Four Only) towards the 5th and 6th running bills alongwith interest @ 18% p.a.” 2. Learned Deputy Advocate General has handed over instructions received from Executive Engineer, Sunder Nagar Division, HPPWD Sunder Nagar, dated 19.07.2025, which reads as under:- 2 “To The Advocate General, State of Himachal Pradesh Shimla-171001. Subject:- Instructions in CWP No 9802 of 2025 in the matter titled as M/S NDN Const Vs State of HP and others Listed on 21.07.2025. Reference:- Your office letter No. CWP-9802/2025- 35612 dated 20th June, 2025. Sir, Please refer to your office letter dated 20.06 2025 on the captioned subject vide which it has been intimated that the above mentioned case is listed before the Hon'ble High Court on 18.06 2025 After hearing the matter for some time the Hon'ble High Court has passed the following order. "CWP No. 9802 of 2025 & CMP NO.13951 of 2025 Notice. Mr. Pushpender Jaswal, Learned Additional Advocate General, accepts notice on the behalf of the respondents. List on 21.07.2025. Reply/instructions, in the meanwhile." In this connection it is submitted that the Public Works Department is a Executing Agency and the amount deposited by the Client Department i.e. Agriculture Department has already been disbursed fully to the petitioner/ contractor as the last payment on account of Work in question has been done for an amount of Rs.20,00,000/- only to the Petitioner/Contractor in the month of June. 2025. The amount of passed bills under 5th and 6th Running bill for an amount of Rs.53.33.025/- and Rs.37.95.872/- respectively is not disputed. It is pertinent to mention here that out of above amount an amount of Rs.20.00 lacs has been given to the contractor in the month of June 2025 However, the department has raised the demand for an amount of Rs. 172.03 lacs only from the Client Department vide Executive Engineer HPPWD Division Sunder Nagar office letter No. PW-SNR-A/B- Budget/ Deposit Allotment-2024-25-8753-55 dated 19.11.2024 but the funds are awaited.” 3 3. In the light of the fact that certain amounts stand admitted as payable to the petitioner by the respondents in terms of the instructions imparted, this petition is disposed of with the direction that let the balance thereof minus the amount already paid to the petitioner be paid within a period of six weeks from today. In case needful is done within a period of six weeks, then, the same shall not entail any interest. If the balance amount is not paid within a period of six weeks, it will entail interest @6% from the date of filing of the writ petition. Disposal of this petition shall not come in the way of the petitioner in approaching the Court afresh if the need so arises, that is to say that if there is more amount, which though is admitted, but has not been paid to the petitioner. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge July 21, 2025 (Vinod)