Himachal Pradesh High Court
CWP/2162/2007 of VIJAY KUMAR Vs STATE on 27 December 2007
2162 of 2007 27.12.2007 Present: Mr. Ramakant Sharma, counsel for the petitioner. Mr. M.S. Chandel, Advocate General with Mr. R.M. Bisht, Deputy Advocate General for respondents. CWP No. 2162 of 2007: The petitioner is a contractor and was allotted some works by the respondents. The petitioner
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CWP No. 2162 of 2007
27.12.2007 Present: Mr. Ramakant Sharma, counsel for the petitioner.
Mr. M.S. Chandel, Advocate General with Mr. R.M. Bisht, Deputy Advocate General for respondents.
CWP No. 2162 of 2007:
The petitioner is a contractor and was allotted some works by the respondents. The petitioner submits that payments have not been made to him in accordance with the final bills prepared. This dispute falls totally within the jurisdiction of Civil Court and the proper remedy would be to file a civil suit. However, we are of the view that in view of the letter Annexure P-4, which was sent by the Executive Engineer to Assistant Engineer concerned, the amount, if any, found due and payable to the petitioner as per the department itself, shall be paid to him on or before 31[st] March, 2008. If the petitioner has any other dispute, he can take appropriate action in terms of the contract by filing a civil suit or resorting to arbitration proceedings. The petition stands disposed of.
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CMP No. 3338 of 2007:
In view of the orders passed in the main petition, this application has become infructuous.
December 27, 2007 (BSS)
(Deepak Gupta),J.
( V.K.Ahuja ),J.