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High CourtsDivision Bench(2012) 07 P&H CK 0175

M/s Treco Consultancy Services Pvt. Ltd. vs Punjab Financial Corporation and another

Punjab And Haryana At Chandigarh · Decided on 16 July 2012

HON’BLE JUDGES
Surya Kant, J · R.P. Nagrath, J
CASE NUMBER
Civil Writ Petition No. 13418 of 2011

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Judgment

4 paragraphs · 323 words

Surya Kant, J.—The petitioner-Company seeks quashing of the letter dated 27.4.2011 (Annexure P-5) whereby its application for refund of the maintenance charges deposited as a pre-condition for execution of the Conveyance Deed, has been turned down. The petitioner places reliance on an order dated 13.9.2010 passed in CWP No. 19430 of 2009 (M/s Torque Pharmaceuticals Pvt. Ltd. Versus The Punjab Financial Corporation and another) (Annexure P-6) wherein it was held that the demand for maintenance charges as a pre-condition for execution of the Conveyance Deed has no legal back up and cannot be sustained.

2.

Learned Counsel for respondent-Corporation though fairly states that the issue raised in this writ petition has been answered in favour of the petitioner by the above-cited decision but he urges that the original allottee, namely, M/s G.R. Industries Pvt. Ltd. (respondent No. 2) has come forward to seek refund of the said amount.

3.

Learned Counsel for respondent No. 2-the original allottee, however controverts the aforesaid plea and submits that the site has since been sold to the petitioner who has stepped into its shoes and entitled to seek refund of the deposited amount.

4.

In view of the above stand taken by respondent No. 2 in favour of the petitioner, we find no reason to draw distinction between the claim raised before this Court in M/s Torque Pharmaceutical''s case (supra) and the present case. Consequently and for the reasons already assigned in M/s Torque Pharmaceutical''s case (supra), the writ petition is allowed and the impugned letter dated 27.4.2011 (Annexure P-5) is quashed. The respondent-Corporation is directed to refund the amount of maintenance charges to the petitioner. The cheque/draft shall be issued in favour of the petitioner. We also direct that in case the amount is not refunded within a period of three months from the date of receiving a certified copy of this order, the petitioner shall be entitled to claim interest @ 6% per annum Dasti.