Dismissed

Purushottam Lall Basudeo and Anr. v. the State of Assam and 2 Ors.

Gauhati HC2 May 2023WP(C)/3585/2021

Case brief

AI extract

What is this about?

The High Court disposed of writ petitions concerning non-payment of bills for yarn and blankets supplied under a 2015 tender. The Court directed State respondents to verify outstanding amounts and clear dues within four months.

What did the court decide?

Directed State respondents to verify outstanding amounts deductible from payments already made and clear the balance within four months.

Purushottam Lall Basudeo and Anr. Vs the… — Contract and Commercial Disputes | Gauhati HC (2023)

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Page No.# 1/7

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GAHC010079812021

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

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Case No. : WP(C)/3585/2021

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PURUSHOTTAM LALL BASUDEO AND ANR N.S.ROAD, DIST.- DHUBRI, ASSAM, PIN- 783301, REP. BY ITS ATTORNEY HOLDER, SRI BIKASH JALAN, S/O- SRI KALLASH CHAND JALAN, R/OOLD STATION ROAD, NALBARI, P.O. AND DIST.- NALBARI, ASSAM

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2: BSM AGENCY 4D DIHANG ARCADE 4TH FLOOR OPP. DONA PLANET G.S.ROAD ABC GHY-05 REP. BY ITS ATTORNEY HOLDER SRI BIKASH JALAN S/O- SRI KALLASH CHAND JALAN R/O- OLD STATION ROAD NALBARI P.O. AND DIST.- NALBARI ASSA

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VERSUS

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THE STATE OF ASSAM AND 2 ORS REP. BY THE COMM. AND SECY. TO GOVT. OF ASSAM, HANDLOOM, TEXTILE AND SERICULTURE DEPTT., DISPUR, GHY-06

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2:THE COMM. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GHY-06 3:THE DIRECTOR HANDLOOM AND TEXTILES ASSAM AMBARI GHY-0

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Page No.# 2/7

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Advocate for the Petitioner : MR. U J SAIKIA

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Advocate for the Respondent : GA, ASSAM

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Linked Case : WP(C)/4125/2021

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M/S KAMENG ENGINEERING A PROPRIETOR FIRM HAVING ITS REGISTERED OFFICE AT MAKUM ROAD TOKRIGOLA TINSUKIA ASSAM REPRESENTED BY ITS AUTHORISED ATTORNEY SRI SANDEEP GARODIA. AGED 51 YEARS.

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VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HANDLOOM TEXTILE AND SERICULTURE DEPTT. DISPUR GUWAHATI 781006 2:THE COMMISSIONER TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI 781006 3:THE DIRECTOR HANDLOOM AND TEXTILE ASSAM AMBARI GUWAHATI 781001 4:THE ASSAM GOVT. MARKETING CORPORATION LIMITED. REPRESENTED BY ITS MANAGING DIRECTOR AMBARI GUWAHATI 781001 -----------Advocate for : MR. U J SAIKIA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS

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Page No.# 3/7

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Linked Case : WP(C)/4126/2021

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M/S MERO TRADERS A PROPRIETORIAL FIRM HAVING ITS REGISTERED OFFICE AT KRC ROAD KUMARPARA GUWAHATI-9 ASSAM REP. BY THE ITS PROPRIETOR SRI NANDALAL SHARMA. VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HANDLOOM TEXTILE AND SERICULTURE DEPTT. DISPUR GUWAHATI-781006 2:THE COMMISSIONER TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-781006 3:THE DIRECTOR HANDLOOM AND TEXTILES ASSAM AMBARI-781001. 4:THE ASSAM GOVT. MARKETING CORPORATION LTD. REP. BY ITS MANAGING DIRECTOR AMBARI GUWAHATI-781001 -----------Advocate for : MR. U J SAIKIA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS

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Linked Case : WP(C)/4219/2021

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M/S TRIBENI ENTERPRISE A PROPRIETORIAL FIRM HAVING ITS REGD. OFFICE AT GTB ROAD P.O. AND DIST.- DHUBRI ASSAM REP. BY ITS PROPRIETOR SRI GOPAL CH. SAHA

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Page No.# 4/7

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AGED ABOUT- 53 YEARS

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VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE COMM. AND SECY. TO GOVT. OF ASSAM HANDLOOM TEXTILE AND SERICULTURE DEPTT. DISPUR GHY-06 2:THE COMM. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GHY-06 3:THE DIRECTOR HANDLOOM AND TEXTILES ASSAM AMBARI GHY-01 4:THE ASSAM GOVT. MARKETING CORPORATION LTD. REP. BY ITS MANAGING DIRECTOR AMBARI GHY-01 -----------Advocate for : MR. U J SAIKIA Advocate for : SC FINANCE appearing for THE STATE OF ASSAM AND 3 ORS

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Linked Case : WP(C)/4220/2021

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M/S JHURIA READYMADE CENTRE A PROPRIETORIAL FIRM HAVING ITS REGD. OFFICE AT SHIV MARKET FANCY BAZAR GHY-01 ASSAM REP. BY ITS PROPRIETOR SRI MAHESH KUMAR JHURIA AGE- 55 YEARS VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE COMM. AND SECY. TO GOVT. OF ASSAM HANDLOOM TEXTILE AND SERICULTURE DEPTT. DISPUR GHY-06

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2:THE COMM. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GHY-06 3:THE DIRECTOR HANDLOOM AND TEXTILES ASSAM AMBARI GHY-01 4:THE ASSAM GOVT. MARKETING CORPORATION LTD. REP. BY ITS MANAGING DIRECTOR AMBARI GHY-01 -----------Advocate for : MR. U J SAIKIA Advocate for : SC FINANCE appearing for THE STATE OF ASSAM AND 3 ORS

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Linked Case : WP(C)/4286/2021

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M/S EASTERN AGRO MARKETING AGENCIES A PROPRIETORIAL FIRM HAVING ITS REGISTERED OFFICE AT 257 SREE MANTA MARKET AT ROAD GUWAHATI 1 ASSAM REPRESENTED BY ITS PROPRIETOR SRI ASHOK KUMAR JAIN VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECREARY TO THE GOVT. OF ASSAM HANDLOOM TEXTILE AND SERICULTURE DEPTT. DISPUR GUWAHATI 781006 2:THE COMMISSIONER TO THE GOVT. OF ASAM FINANCE DEPT. DISPUR GUWAHATI 781006 3:THE DIRECTOR

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HANDLOOM AND TEXTILES ASSAM AMBARI GUWAHATI 781001

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-----------Advocate for : MR. U J SAIKIA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 2 ORS

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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02.05.2023

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Heard Mr. U.J. Saikia, learned counsel for all the writ petitioners. Also heard Mr. R. Dhar, learned Standing Counsel, Handloom, Textile & Sericulture Department appearing for the respondent nos.1 & 3. Mr. A. Chaliha, learned counsel appears for the Finance Department.

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This batch of writ petitions are being disposed off by this common order, as the subject matter in issue is the same in all the above cases

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The case of the petitioners is that they had been issued supply orders by the respondent authorities, for supplying materials i.e. yarn and blankets, in pursuant to the Tender Notice dated 30.10.2015. The case of the petitioners is that though they had made the supply of the materials to the respondent authorities in the year 2015, the respondent authorities have not made payment of the entire bill amounts submitted by the petitioners.

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Mr. R. Dhar, learned counsel for the respondent nos.1 & 3 submits that the petitioners have made supplies of the materials as required under the NIT dated 30.10.2015. The respondent authorities have also accepted the said materials. He submits that though the petitioners have been paid payments of their bills in

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two instalments, the entire bill amount has not been paid to the petitioners. He submits that the State respondents may be given 4 (four) months’ time to clear the outstanding bill amounts of the petitioners, after verification of the amount payable to the petitioners is made.

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Mr. U.J. Saikia, learned counsel for the petitioners submits that the respondents may be directed to clear the outstanding bill amounts within 3 (three) months and not four months.

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I have heard the learned counsels for the parties.

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In view of the submissions made by the counsels for the parties, it is clear that the respondents have admitted that the petitioners have supplied all the materials that were required to be supplied in terms of the NIT dated 30.10.2015. It is also admitted by the State respondents that they have not cleared the entire bill amounts of the petitioners, which also goes to show that they have admitted their liabilities towards the petitioners in terms of the NIT dated 30.10.2015. In view of the fact that some payments have been made to the petitioners, the State respondents are directed to verify the actual outstanding amounts still payable to the petitioners, after deducting the payments already made and make payments of the same to the petitioners within a period of four months, to be counted from today.

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Writ petitions are accordingly disposed off.

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JUDGE

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Comparing Assistant

Purushottam Lall Basudeo and Anr. v. the State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

Purushottam Lall Basudeo and Anr. v. the State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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