Partly allowed

Gulgulia Trade Pvt. Ltd. and Anr. v. the State of Assam and 3 Ors.

Gauhati HC7 Jun 2019WP(C)/100/2019

Case brief

AI extract

What is this about?

This writ petition sought a direction to release outstanding contractual dues. The High Court directed the Secretary to consider the claim and settle the amount found due within three months.

What did the court decide?

Direction to the Secretary to consider the claim and settle any outstanding amount within three months of receipt of a certified copy of this order.

Gulgulia Trade Pvt. Ltd. and Anr. Vs the State of… — Company and Corporate | Gauhati HC (2019)

¶1

Page No.# 1/3

¶2

GAHC010001972019

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

Case No. : WP(C) 100/2019

¶5

1:GULGULIA TRADE PVT. LTD. AND ANR.

¶6

A PRIVATE LIMITED COMPANY REGISTERED UNDER THE INDIAN COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT GAURAV BHAVAN, 2ND FLOOR, ANANDA NAGAR, D. NEOG PATH, G.S. ROAD, GUWAHATI - 781005, DIST. KAMRUP, ASSAM

¶7

2: SRI PAWAN KUMAR SURANA R/O FLAT NO. 3G 3D FLOOR KRINE VISTA ANANDA NAGAR G.S. ROAD

¶8

GUWAHATI - 781005

¶9

VERSUS

¶10

1:THE STATE OF ASSAM AND 3 ORS.

¶11

REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT, DISPUR, GUWAHATI781006.

¶12

2:THE CHIEF ENGINEER (WATER) PUBLIC HEALTH ENGINEERING DEPARTMENT

¶13

GOVT. OF ASSAM HENGRABARI GUWAHATI- 781036.

¶14

3:THE ADDITIONAL CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT (P) OFFICE OF THE CHIEF ENGINEER

Page No.# 2/3

HENGRABARI

GUWAHATI - 781036.

4:THE EXECUTIVE ENGINEER STORES AND WORKSHOP DIVISION PUBLIC HEALTH ENGINEERING DEPARTMENT

¶19

BETKUCHI GUWAHATI - 781035

¶20

Advocate for the Petitioner : MS M HAZARIKA

¶21

Advocate for the Respondent : MR. P N GOSWAMI (SC, PHE)

¶22

BEFORE

¶23

HONOURABLE MR. JUSTICE UJJAL BHUYAN

¶24

ORDER

¶25

Date : 07-06-2019

¶26

Heard Ms. M. Hazarika, learned Senior counsel, assisted by Ms. S. Khound, learned counsel for the petitioners and Mr. D. Gogoi, learned counsel for the respondents.

¶27

By filing this petition under Article 226 of the Constitution of India, petitioners seek a direction to the respondents to release the outstanding contractual dues of the petitioners.

¶28

According to the petitioners, petitioner No.1 supplied items such as ferric alum (Alumino Ferric), hydrated lime, etc to the respondents against specific supply indents at prices fixed by the Purchase Committee constituted by the Government of Assam. Petitioners have executed the supply orders whereafter bills were raised. However, bills have only been partially settled. Representations submitted by the petitioners have failed to yield any response.

¶29

With the grievance that a major portion of the supplied bills are outstanding, present writ petition has been filed.

¶30

Notice in this case was issued on 19.01.2019.

¶31

No affidavit has been filed by the respondents.

¶32

Page No.# 3/3

¶33

It is seen that petitioners had submitted a representation dated 04.05.2018 before the Secretary to the Government of Assam, Public Health Engineering Department for release of outstanding dues of the petitioners.

¶34

Without expressing any opinion on the merit of the claim of the petitioners, Secretary to the Government of Assam, Public Health Engineering Department is directed to consider the claim of the petitioners regarding outstanding dues for supply of the aforesaid items. Whatever amount is found due and outstanding, the same shall be settled by the respondents within a period of three months from the date of receipt of a certified copy of this order.

¶35

Writ petition is disposed of.

¶36

JUDGE

¶37

Comparing Assistant

Gulgulia Trade Pvt. Ltd. and Anr. v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Gulgulia Trade Pvt. Ltd. and Anr. v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Assam State Agricultural Marketing Board Vs Md. Kasim and 66 Ors.

Hemanta Kalita and 2 Ors. Vs the State of Assam and 3 Ors.

Dimbeswar Das Vs the State of Assam and 2 Ors.

Bani Hazarika Vs the State of Assam and 4 Ors.

Babulal Biswas Vs the Assam Fisheries Development Corporation Ltd. and 3 Ors.

M/S. Parbati Enterprises Vs the State of Assam and 4 Ors.