The High Court directed the Commissioner of Health to make payment of Rs. 52,707 to the petitioner within four months for six steel almirahs supplied to teaching hospitals, as payment remained pending despite delivery.
Direction issued to respondent Nomor for payment of Rs. 52,707 within four months of receipt of certified copy of this order.
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GAHC010031052016
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 7113/2016
1:M/S JOGANIAR
REP. HEREIN BY ITS PROPRIETOR MR. RASEL HUSSAIN, S/O. MR. HAIDAR HUSSAIN, R/O. C.K. ROAD, P.S. PANBAZAR, DIST. KAMRUPM, ASSAM.
VERSUS
1:THE STATE OF ASSAM and 3 ORS.
REPRESENTED BY THE COMMISSIONER and SECRETARY TO THE GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, SACHIVALAYA, DISPUR, ASSAM-781006.
2:THE PRINCIPAL CUM CHIEF SUPERINTENDENT GAUHATI MEDICAL COLLEGE and HOSPITAL GUWAHATI-21.
3:THE ASSAM SMALL INDUSTRIALS DEVELOPMENT CORPORATION LTD. REP. BY ITS MANAGING DIRECTOR HAVING ITS OFFICE AT BAMUNIMAIDAM GUWAHATI-21.
4:THE MANAGING DIRECTOR
ASSAM SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD. A GOVERNMENT OF ASSAM UNDERTAKING BAMUNIMAIDAM GUWAHATI21
Advocate for the Petitioner : MR. P K BORAH
Advocate for the Respondent : SC, HEALTH
BEFORE HONOURABLE MR. JUSTICE ARUP KUMAR GOSWAMI
ORDER
Date : 01-06-2018
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Heard Mr. P.K. Borah, learned counsel for the petitioner. Also heard Mrs. D. Borah, learned standing counsel, Health Department, appearing for the respondent Nos.1 & 2 and Mr. R.R. Gogoi, learned standing counsel, ASIDC, appearing for the respondent Nos.3 & 4.
Based on a requisition dated 01.06.2010 made by the respondent No.2 to the Marketing Manager, Assam Small Industries Development Corporation Limited (ASIDC), Bamunimaidam, the respondent No.4 placed an order with the petitioner for supplying 6(six) numbers of Steel Almirah with glass door vide order dated 07.08.2010.
The grievance expressed by the petitioner is that a sum of ` 52,707/- on account of supply of 6(six) numbers of Steel Almirah with glass door has not yet been made.
In the affidavit filed by the respondent No.2, it is stated that he had received the goods and the bill was forwarded to the Director of Medical Education, Assam on 03.03.2011. However, till date, no payment has been received by the petitioner.
In view of the above, the respondent No.1, i.e. the Commissioner & Secretary to the Government of Assam, Health & Family Welfare Department, is directed to take necessary steps for making payment of the aforesaid amount within a period of 4(four) months from the date of receipt of a certified copy of this order.
The writ petition stands disposed of in terms of the above direction. No cost.
J U D G E
M. Sharma
Comparing Assistant
2 issues framed by the court
Whether the petitioner is entitled to direct payment for the supply of almirahs where payment has remained pending despite receipt of goods and bill.
Whether it is appropriate to direct the respondent to effect payment within a specified period.
M/S Joganiar
The State of Assam
The Principal Cum Chief Superintendent Gauhati Medical College and Hospital Guwahati
The Assam Small Industrials Development Corporation Ltd.
The Managing Director Assam Small Industries Development Corporation Ltd.
Arup Kumar Goswami
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
