Petitioner's Writ Petition challenging non-payment of supply bills. Court disposed of petition granting liberty to approach Official Liquidator due to respondent's liquidation.
Liberty granted to petitioner to approach Official Liquidator for claim regarding supply of bamboo.
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GAHC010228152014
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Linked Case : WP(C)/6906/2014
GREEN VIEW AGRO TRADING CO-OPERATIVE SOCIETY LTD. A SOCIETY REGISTERED UNDER THE COOPERATIVE SOCIETIES ACT A.T. ROAD DEOSHAL JAGIROAD MORIGAON ASSAM PIN- 782410 REP. BY ITS DIRECTOR.
VERSUS HINDUSTAN PAPER CORPORATION LTD. and 3 ORS A GOVT. INDIA ENTERPRISE HAVING ITS REGISTERED OFFICE AT 4TH FLOOR SOUTH TOWER SCHOP MINAR LAKSHMI NAGAR DIST. CENTRE DELHI- 110092 PARK STREET KOLKATA PIN- 700016 WEST BENGAL. 2:CHIEF EXECUTIVE OFFICER HINDUSTAN PAPER CORPORATION LTD. NAGAON PAPER MILL KAGAJ NAGAR DIST.- MORIGAON PIN- 782413 ASSAM. 3:SENIOR MANAGER
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FDP HINDUSTAN PAPER CORPORATION LTD. NAGAON PAPER MILL KAGAJ NAGAR JAGIROAD ASSAM PIN- 782413.
-----------Advocate for : MR.D HAZARIKA Advocate for : MR. J ROY (R-1-4) appearing for HINDUSTAN PAPER CORPORATION LTD. and 3 ORS
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 08.02.2022
Heard Mr. S. Chakraborty, the learned counsel for the petitioner.
Mr. J. Roy, the learned counsel submits that he is no longer appearing in the instant matter in view of the fact that the said Respondent No. 1 Corporation is under liquidation before the NCLT, Guwahati.
The petitioner’s case is that the petitioner had supplied a total quantity of 3689.11 MTG @ Rs. 2,510/- per metric ton w.e.f. 21/1/2014 to 21.02.2014 to the Respondent/Corporation. Although as per the petitioner, the rate ought to have been Rs. 2,705 per metric ton, it is the case of the petitioner that the said amount has not been paid to the petitioner in spite of acknowledgement by the respondent authorities concerned and as such have filed the instant writ petition.
Admittedly taking into consideration that the Respondent No. 1 is in liquidation, it would not be appropriate for this Court to adjudicate the dispute, rather the ends of justice would be met if a liberty is given to the petitioner to approach the Official Liquidator with its claim for supply of the bamboo in respect to the
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Respondent/Corporation.
Accordingly, the instant petition stands disposed off thereby granting the liberty to the petitioner to approach the official liquidator as regards its claim in respect to the amount the petitioner is entitled on account of the supply made by the petitioner to the Respondent/Corporation.
It is observed that if the petitioner thereafter is aggrieved, the petitioner may resort to such remedies as is envisaged under law.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the court ought to adjudicate a commercial dispute where the respondent corporation is under liquidation.
What relief is appropriate when the respondent is under liquidation.
Whether the petitioner is entitled to approach the Official Liquidator for recovery of dues.
1 provisions across 1 enactments
Green View Agro Trading Co-Operative Society Ltd. Rep. by its Director
Hindustan Paper Corporation Ltd.
Govt. India Enterprise
Messrs. D Hazariika and J Roy
Devashis Baruah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
