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2025 DAILYLAW 82972 (PNJ)

M/S RMH INFRASTRUCTURE v. STATE OF HARYANA AND OTHERS

CWP/21057/2025 · 2025-07-25

Suvir Sehgal

body2025

Judgment text

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CWP-21057 IN THE HIGH COURT OF PUNJAB & HARYANA AT 116 M/s RMH Infrastructure State of Haryana CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present: SUVIR SEHGAL J. 1. of a writ in to release the allotted work. 2. awarded a work for “ Pahari, 25.02.2019, Annexure P order was 21057-2025 (O&M) IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH M/s RMH Infrastructure Vs. State of Haryana and others CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Ms. Yamini Nain, Advocate for the petitioner. SUVIR SEHGAL J. By way of instant petition of a writ in the nature of mandamus directing the officials respondents to release the balance payment due to the petitioner on completion of allotted work. Counsel for the petitioner submits that petitioner was awarded a work for “Construction of i, Ward No. 30, Zone-III, Gurugram” and 25.02.2019, Annexure P-1 was issued. She submits that the work was for an amount of Rs. 84.93 Lacs, which was -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-21057-2025 (O&M) Date of decision: 25.07.2025 … Petitioner … Respondents CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Advocate By way of instant petition, petitioner has sought issuance the nature of mandamus directing the officials respondents balance payment due to the petitioner on completion of Counsel for the petitioner submits that petitioner was onstruction of Harijan Chaupal at New Gwal Gurugram” and a work order dated 1 was issued. She submits that the work for an amount of Rs. 84.93 Lacs, which was enhanced to - sought issuance the nature of mandamus directing the officials respondents balance payment due to the petitioner on completion of Counsel for the petitioner submits that petitioner was at New Gwal work order dated 1 was issued. She submits that the work d to Pooja Saini 2025.08.04 09:50 I attest the integrity and accuracy of this order/judgment CWP-21057 Rs.98.15 Lacs vide order dated 09.04.2021 submit Gurugram, gave a certificate dated 26.10.2021 regarding satisfactory completion of work and for rel payment. Counsel asserts that 01.11.2021, fourth were Corporation, Gurugram. Counsel asserts that when payment was not disbursed, 11, which are pending. Counsel emphasis that the petitioner is entitled for the payment of th to be disbursed to the petitioner. 3. submissions besides examining the documents placed on the record. 4. authority to perform a legal contracts or recover debts. Petitioner has alternate and efficacious legal remed terms of contract agreement between the parties. 5. power vested in it under Article 226 of the Constitution to direct the 21057-2025 (O&M) .98.15 Lacs vide order dated 09.04.2021 submits that Councilor of Ward No. 30, Municipal Corporation, Gurugram, gave a certificate dated 26.10.2021 regarding satisfactory completion of work and for rel payment. Counsel asserts that a 01.11.2021, Annexure P-5, was issued to the petitioner fourth and final bill, Annexure P-8 as well as p were prepared for payment and submitted with the Municipal Corporation, Gurugram. Counsel asserts that when payment was not disbursed, petitioner submitted representations 11, which are pending. Counsel emphasis that the petitioner is entitled for the payment of the amount due under the contract, which deserves to be disbursed to the petitioner. I have heard counsel for the petitioner and submissions besides examining the documents placed on the record. A writ of mandamus is issued to compel authority to perform a legal duty. It is not designed to contracts or recover debts. Petitioner has alternate and efficacious legal remedies of filing a civil suit or invoking the arbitration clause i terms of contract agreement between the parties. This Court is not inclined to exercise its extraordinary power vested in it under Article 226 of the Constitution to direct the -2- .98.15 Lacs vide order dated 09.04.2021, Annexure P-3. She r of Ward No. 30, Municipal Corporation, Gurugram, gave a certificate dated 26.10.2021, Annexure P-4, regarding satisfactory completion of work and for release of the final a completion certificate, dated 5, was issued to the petitioner. She states that as well as performa, Annexure P-9, submitted with the Municipal Corporation, Gurugram. Counsel asserts that when payment was not petitioner submitted representations, Annexure P-10 and P- 11, which are pending. Counsel emphasis that the petitioner is entitled e amount due under the contract, which deserves I have heard counsel for the petitioner and considered her submissions besides examining the documents placed on the record. A writ of mandamus is issued to compel a public duty. It is not designed to enforce contracts or recover debts. Petitioner has alternate and efficacious civil suit or invoking the arbitration clause in terms of contract agreement between the parties. This Court is not inclined to exercise its extraordinary power vested in it under Article 226 of the Constitution to direct the - . She r of Ward No. 30, Municipal Corporation, 4, se of the final dated . She states that 9, submitted with the Municipal Corporation, Gurugram. Counsel asserts that when payment was not - 11, which are pending. Counsel emphasis that the petitioner is entitled e amount due under the contract, which deserves considered her ic enforce contracts or recover debts. Petitioner has alternate and efficacious n This Court is not inclined to exercise its extraordinary power vested in it under Article 226 of the Constitution to direct the Pooja Saini 2025.08.04 09:50 I attest the integrity and accuracy of this order/judgment CWP-21057 respondents to release the alleged pending dues of the petitioner. 6. Liberty is granted to the petitioner to take recourse to the alternate remedy available under the law. 25.07.2025 pooja saini 21057-2025 (O&M) respondents to release the alleged pending dues of the petitioner. There is no merit in the petition, which is dismissed. Liberty is granted to the petitioner to take recourse to the alternate remedy available under the law. .2025 pooja saini Whether Speaking/Reasoned Whether Reportable -3- respondents to release the alleged pending dues of the petitioner. There is no merit in the petition, which is dismissed. Liberty is granted to the petitioner to take recourse to the alternate (SUVIR SEHGAL) JUDGE : Yes/No : Yes/No - There is no merit in the petition, which is dismissed. Liberty is granted to the petitioner to take recourse to the alternate Pooja Saini 2025.08.04 09:50 I attest the integrity and accuracy of this order/judgment