Godrej and Boyce Mfg Co. Ltd. Vs the State of Assam and 4 Ors.

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GAHC010033232024

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2025:GAU-AS:5497

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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)/978/2024

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GODREJ AND BOYCE MFG CO. LTD

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A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1913, HAVING ITS REGISTERED OFFICE AT PIROJSHANAGAR, VIKHROLI, MUMBAI-400079 AND ONE OF ITS BRANCH OFFICE AT BASUNDHARA ENCLAVE, 1ST AND 2ND FLOOR, B.K KAKOTY ROAD, ULUBARI, GUWAHATI- 781007.

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VERSUS

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THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE ADDL. SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF HEALTH AND FAMILY WELFARE, DISPUR, GUWAHATI781006

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2:THE DIRECTOR OF MEDICAL EDUCATION

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KHANAPARA SIX MILE GUWAHATI- 781022. 3:THE ACCOUNTANT GENERAL (A AND E) ASSAM BELTOLA GUWAHATI-19.

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4:THE PRINCIPAL CUM CHIEF SUPERINTENDENT IN CHARGE SUPERINTENDENT IN CHARGE JORHAT MEDICAL COLLEGE AND HOSPITAL JORHAT.

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5:THE DEPUTY SUPERINTENDENT

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JORHAT MEDICAL COLLEGE AND HOSPITAL

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JORHAT

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Advocate for the Petitioner : MS D CHAUDHURY, MR A K PAUL

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Advocate for the Respondent : SC, HEALTH, SC, AG

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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05.05.2025

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Heard Ms. D. Chaudhury, learned counsel for the petitioner. Ms. D. Borah, learned Standing Counsel appears for the Medical Education & Research Department. Ms. S. Sharma, learned counsel appears for the respondent no.3.

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The petitioner’s grievance in this writ petition is that petitioner has not been given it’s supply bills amounting to Rs.22,25279 lakh ( M/s godrej & Boyce- Rs.20.79066 lakh and an amount of Rs.1.46213 lakh for Fama Marketing ) for supply of and installment of hospital furniture in the Jorhat medical College & Hospital, Jorhat.

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Ms. D. Borah has submitted letter no. MER-16/2024/34 dated 03.05.2025 issued by the Under Secretary to the Government of Assam, Medical Education & Research Department, which is to the effect that the proposal for financial sanction amounting to Rs.22,25279 lakh ( M/s godrej & BoyceRs.20.79066 lakh and an amount of Rs.1.46213 lakh for Fama Marketing ) has been re-submitted to the Finance (EC-III) Department. The letter also states that the funds would be released through fixation of ceiling,

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once financial sanction is received from the Finance (EC-III) Department.

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On considering the fact that the amount claimed by the petitioner is an admitted amount and that the non-payment of the same is due to the Finance Department not giving concurrence to the proposal submitted by the Medical Education & Research Department, this Court impleads the Commissioner & Secretary to the Government of Assam, Finance Department as respondent no.6.

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Issue notice returnable to the respondent no.6.

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Mr. M. Bhuyan, learned counsel accepts notice on behalf of the respondent no.6. Extra copies of the writ petition be provided to Mr. M. Bhuyan during the course of the day.

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The petitioner shall also submit a corrected copy of the cause title to the Registry within 2 (two) days.

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I have heard the learned counsels for the parties.

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The contents of the letter dated 03.05.2025 is reproduced hereinbelow, as follows :

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“With reference to subject cited above, I am directed to say that the proposal of Financial Sanction amounting to Rs.22.25279 Lakh (M/S Godrej & Boyce- Rs.20.79066 Lakh and Fama Marketing

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Rs.1.46213 Lakh) has been re-submitted to Finance (EC-III) Department on 30.04.2025 for concurrence. However, till date concurrence has not been received from Finance (EC-III) Department.

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Financial Sanction will be issued on receipt of concurrence from Finance (EC-III) Department Subsequently fund will be released through fixation of ceiling.

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This is for your kind information & necessary action.”

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The letter dated 03.05.2025 is made a part of the record and marked as Annexure-X.

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In view of the claim of the petitioner being an admitted amount/fact by the Medical Education & Research Department and the proposal for payment of the bills having been submitted to the Finance Department for giving financial sanction, this Court directs the respondents, including the Finance Department, to give financial sanction to the said proposal and thereafter the fixation of ceiling should be made by the concerned department and payment made to the petitioner. The entire exercise should be concluded within a period of 4 (four) months, from the date of receipt of a certified copy of this order.

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The writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Godrej and Boyce Mfg Co. Ltd. v. the State of Assam and 4 Ors.

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Godrej and Boyce Mfg Co. Ltd. v. the State of Assam and 4 Ors.

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