Disposed

M/s Donyi Polo Multi Purpose Cooperative Society Ltd. v. the State of Ap and 3 Ors.

Gauhati HC9 Jun 2022WP(C)/101/2022

Case brief

AI extract

What is this about?

The Writ Court directed the State of Arunachal Pradesh and other respondents to release the outstanding contractual bill of Rs 10,24,88,680 within six months due to lack of funds, with interest for delay.

What did the court decide?

Direction to the State respondents to release the outstanding balance of Rs 10,24,88,680 within six months from the date of receipt of the certified copy of the order.

M/s Donyi Polo Multi Purpose Cooperative Society Ltd… — Service and Employment | Gauhati HC (2022)

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Page No.# 1/3

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GAHC040002812022

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

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Case No. : WP(C) 101/2022

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1:M/s Donyi Polo Multi Purpose Cooperative Society Ltd

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Aalo, West Siang District, Arunachal Pradesh represented by its power of Attorney Holder Shri Jarkar Gamlin. Mobile 9436040320

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VERSUS

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1:THE STATE OF AP and 3 Ors.

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Represented by the Commissioner/Secretary, Food and Civil Supplies Department, Govt. of Arunachal Pradesh, Itanagar

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2:The Food Corporation of India Represented by the General Manager (Sr. Regional Manager) Food Corporation of India Regional Office G.S Road Ulubari Guwahati Assam

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3:The Director Food and Civil Supplies Department Govt. of Arunachal Pradesh Naharlagun.

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4:The Deputy Commissioner West Siang District Aalo Arunachal Prades

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Page No.# 2/3

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Advocate for the Petitioner : Tony Pertin

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Advocate for the Respondent : GA (AP)

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BEFORE

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Hon’ble MR. JUSTICE sanjay kumar medhi ORDER

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09.06.2022

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Heard Shri T. Pertin, learned counsel for the petitioner society which has filed this writ petition praying for a direction for release of the balance contractual bill for carriage of PDS items for the years 2010-2011 and 20112012 in the district of West Siang. It is the case of the petitioner that the work in question was completed in all aspects whereafter, a total bill of Rs. 15,24,88,680/- was raised. The petitioner has admitted that out of the total amount, an amount of Rs. 5 crores have been paid to the petitioner on April 2020 and the outstanding amount is of Rs. 10,24,88,680/-.

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Learned counsel Shri Pertin has also drawn attention of this Court to the reply dated 08.10.2021 to the RTI application made by the petitioner regarding the outstanding dues in which the amount has been admitted. Learned counsel for the petitioner accordingly, submits that the present is a fit case for grant of necessary directions for release of the amount in question.

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Shri S. Tapin, learned Senior Government Advocate, Arunachal Pradesh fairly submits that upon the instructions received, the claim of the petitioner is not opposed in principle. However, by drawing the attention of this Court to the affidavit-in-opposition filed on 31.05.2022, the State counsel has submitted that due to lack of funds, the amount has not been paid/released to the petitioner.

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Page No.# 3/3

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The State counsel however, submits that as and when funds would be available, the outstanding bills of the petitioner would be cleared.

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In view of the aforesaid facts and circumstances and the undisputed position of facts as revealed from the aforesaid discussion, this Court is of the opinion that the petitioner is entitled to a direction for release of the outstanding amount.

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In view of above, the instant writ petition is disposed of by directing the State respondents to take immediate steps for release of the outstanding balance of Rs. 10,24,88,680/-. The amount be released as expeditiously as possible and in any case within an outer limit of 6 (six) months from the date of receipt of the certified copy of this order. Failure on the part of the State respondents to make the payment within the time framed by this Court would entitle the petitioner to approach the appropriate forum for payment of further interest.

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JUDGE

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Comparing Assistant

M/s Donyi Polo Multi Purpose Cooperative Society Ltd. v. the State of Ap and 3 Ors.

Case brief

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M/s Donyi Polo Multi Purpose Cooperative Society Ltd. v. the State of Ap and 3 Ors.

Case brief

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