Disposed

Dna Agrotech Pvt. Ltd. v. Hindustan Paper Corporation Ltd. and 3 Ors.

Gauhati HC8 Feb 2022WP(C)/6907/2014

Case brief

AI extract

What is this about?

The petitioners supplied bamboo to the respondent Corporation. As the Corporation was under liquidation, the Court disposed of the writ petition and granted liberty to approach the Official Liquidator to recover the dues.

What did the court decide?

Liberty granted to the petitioner to approach the Official Liquidator regarding the claim for supply of bamboo.

Dna Agrotech Pvt. Ltd. Vs Hindustan Paper… — Contract and Commercial Disputes | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010228152014

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

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WP(C)/6907/2014

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DNA AGROTECH PVT. LTD. A.T. ROAD JAGIROAD PIN NO.782410 DIST- MORIGAON ASSAM REP. BY ITS AUTHORISED REPRESENTATIVE SRI PRATIK DEY

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VERSUS HINDUSTAN PAPER CORPORATION LTD. and 3 ORS A GOVT. OF INDIA ENTERPRISE HAVING ITS REGD. OFFICE AT 4TH FLOOR SOUTH TOWER SCOPE MINAR LAKSHMI NAGAR DISTRICT CENTRE DELHI-92

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2:CHAIRMAN CUM MANAGING DIRECTOR HINDUSTAN PAPER CORPORATION LTD. 75-C PARK STREET KOKKATA-16 WEST BENGAL 3:CHIEF EXECUTIVE OFFICER HINDUSTAN PAPER CORPORATION LTD. NAGAON PAPER MILL KAGAJ NAGAR DIST- MORIGAON PIN-782413 ASSAM 4:SENIOR MANAGER

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Page No.# 2/3

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FDP HINDUSTAN PAPER CORPORATION LTD. NAGAON PAPER MILL KAGAJ NAGAR JAGIROAD PIN-782413 ASSAM -----------Advocate for : MR.D HAZARIKA Advocate for : MR. J ROY (R-1-4) appearing for HINDUSTAN PAPER CORPORATION LTD. and 3 ORS

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 08.02.2022

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Heard Mr. S. Chakraborty, the learned counsel for the petitioner.

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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.

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The petitioner’s case is that the petitioner had supplied a total quantity of 4864.73 MTG @ Rs. 2,580/- per metric ton up to 15.02.2014 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.

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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 Respondent/Corporation.

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Page No.# 3/3

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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.

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It is observed that if the petitioner thereafter is aggrieved, the petitioner may resort to such remedies as is envisaged under law.

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JUDGE

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Comparing Assistant

Dna Agrotech Pvt. Ltd. v. Hindustan Paper Corporation Ltd. and 3 Ors.

Case brief

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Dna Agrotech Pvt. Ltd. v. Hindustan Paper Corporation Ltd. and 3 Ors.

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