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2025 DAILYLAW 63396 (PNJ)

M/S AG CONSTRUCTION COMPANY v. RAVI BHAGAT, IAS AND OTHERS

COCP/2718/2025 · 2025-07-17

Vikram Aggarwal

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (214) COCP No.2718 of 2025 Date of Decision: 17.07.2025 M/s A.G. Construction Company …Petitioner Versus Sh. Ravi Bhagat, IAS and others …Respondents CORAM : HON’BLE MR. JUSTICE VIKRAM AGGARWAL Present: Mr. Prince Goyal, Advocate for the petitioner (through video conference). Ms. Shiny Chopra, A.A.G. Punjab. **** VIKRAM AGGARWAL, J (ORAL) 1. Reply by way of affidavit of Sh. Surinder Singh, Executive Engineer, Construction Division PWD B&R, Sirhind, has been filed today in Court. The same is taken on record. A copy thereof has been supplied to learned counsel for the petitioner. Paragraphs 5 to 8 of the said reply state as under:- 5. That in compliance, Speaking Order dated 13.11.2014 was passed after due consideration. (Copy attached as Annexure R-2) 6. That the operative part of the speaking order is as under:- (i) That 2nd running bill amount to ````54,97,701 was passed and forwarded to the Executive Engineer, Provincial Division, PWD B&R, Mohali for payment. (ii) The 3rd running bill has not been passed by this office and is therefore not payable. REKHA SHARMA 2025.07.19 05:23 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh COCP No.2718 of 2025 -2- (iii) Continuous efforts were made for the early release of 2nd bill payment, including communication with the Superintending Engineer, Construction Circle No.2, Patiala. (iv) Against the claimed amount of ````83,52,156, an amount of ````54,97,701 was found due and is being pursued diligently for release. 7. That upon availability of funds, the due amount of ````54,97,701 (after statutory deductions) was released to the petitioner on 11.11.2024 by the Executive Engineer, Provincial Division, Mohali. Details of payment: Particulars amount (INR) Gross Bill Amount ````54,97,701 Statutory Deductions ````5,91,300 (GST, IT, Security, L-Cess) Net Paid ````49,06,401 (Copy of passed bill and ECS is attached as Annexure R-3) 8. The payment of the 3rd Running Bill amount to ````19,68,264, as claimed by the petitioner in his representation dated 30.07.2024, was neither due at the time of submission of said representation and nor on the date when the Speaking Order was passed by the respondents on 13.11.2024 as the quantity of work claimed in the said bill had not been executed at that time. The payment of the 3rd Running Bill amount to ````18,76,548, which was subsequently admitted by the respondents vide letter dated 18.03.2025 as referred by petitioner in Para 10 of the COCP, became due only in the month of March 2025. This payment has already been processed and submitted to District Treasury Officer Mohali vide Token No.12925 dated 09.07.2025, by Executive REKHA SHARMA 2025.07.19 05:23 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh COCP No.2718 of 2025 -3- Engineer Provincial Division Mohali, which is a Nodal Division to process the payments of this scheme.’ 2. Learned State counsel, on instructions from Er. Surinder Singh, Executive Engineer, Construction Division PWD B&R, Sirhind, submits that the payment of the 3rd bill, as referred to in the reply, shall be made within a period of 10 days. 3. In view of the above, learned counsel for the petitioner submits that he may be permitted to withdraw the instant contempt petition with liberty to move an appropriate application for revival of the contempt petition in case the payment is not made within the aforesaid period. 4. Dismissed as withdrawn with liberty aforesaid. Rule stands discharged. (VIKRAM AGGARWAL) JUDGE July 17, 2025 Rekha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No REKHA SHARMA 2025.07.19 05:23 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh