Allowed

M/S Huidrom Brothers v. Manipur University and 3 Ors.

Manipur HC1 Sept 2021WP(C)/189/2020

Case brief

AI extract

What is this about?

Petitioner, a proprietor supplying systems to Manipur University’s Educational Multimedia Research Centre, filed a writ for payment of an undisputed bill of Rs. 92.80 lakhs. The court allowed the petition, directing payment within four months without interest, though interest of 8% from the expiry date was retained as a contingency if payment is not made.

What did the court decide?

Direct payment of Rs. 92,80,061/ within four months; 8% p.a. interest from date of expiry if unpaid.

M/S Huidrom Brothers Vs Manipur University… — Contract and Commercial Disputes | Manipur HC (2021)

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SHOUGRA Digitally signed by KPAM SHOUGRAKPAM DEVANANDA DEVANAN SINGH DA SINGH Date: 2021.09.01 11:37:41 +01'00'

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IN. 6

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IN THE HIGH COURT OF MANIPUR AT IMPHAL

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(Video Conference)

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W.P. (C) No. 189 of 2020

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M/S Huidrom Brothers through its Proprietor Huidrom Birla Singh, aged about 59 years, S/o (Late) H. Ramananda Singh of Yaiskul Hiruhanba Leikai, P.O. & P.S. Imphal, District Imphal West, Manipur, Pin: 795001.

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… Petitioner

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Vs.

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The Manipur University, Canchipur through its Registrar, Manipur University, P.O. & P.S. Singjamei, Imphal West District, Manipur, Pin: 795003.

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The Vice Chancellor/ Administrator, Manipur University, Canchipur, P.O. & P.S. Singjamei, Imphal West District, Manipur, Pin: 795003.

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The Registrar, Manipur University, Canchipur, P.O. & P.S. Singjamei, Imphal West District, Manipur, Pin: 795003.

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The Director, Educational Multimedia Research Centre, Imphal, Manipur University, Canchipur, P.O. & P.S. Singjamei, Imphal West District, Manipur, Pin: 795003.

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…Respondents

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B E F O R E

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HON’BLE MR. JUSTICE KH. NOBIN SINGH

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O R D E R

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01-09-2021

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Heard Shri M. Devananda, learned counsel appearing for the petitioner and Shri B.P. Sahu, learned Senior Advocate appearing the Manipur University.

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[2] The main prayer in the writ petition is to direct the respondents to pay the undisputed bill for an amount of Rs. 92,80,061/(Rs. Ninety two lakh eighty thousand and sixty one) for the supply of system integration, commissioning and testing of 4 channel ingest and 2 channel play out system server in the Education Multimedia Research Centre, Imphal, Manipur University.

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-2-

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IN. 6

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[3] According to the petitioner, he is the proprietor of M/S Huidrom Brothers. The Director, Educational Multimedia Research Centre, Manipur University vide its letter dated 22-06-2017 requested the petitioner to supply the items mentioned therein subject to the terms and conditions mentioned therein. After the said items having been supplied by the petitioners, he installed the equipments and system to the Educational Multimedia Research Centre, for which the petitioner submitted his bill dated 16-08-2017 for an amount of Rs. 92,80,061/-, followed by a letter dated 16-01-2019 requesting them to release the said amount at the earliest. Being aggrieved by the inaction on the part of the respondents, the instant writ petition has been filed seeking for a direction to pay the undisputed bill along with interest at the rate of 18% per annum on the inter alia ground that in respect of a similar case being W.P. (C) No. 433 of 2018, this court had directed the payment of undisputed bill of Rs. 29,63,056/- (Rs. Twenty nine lakh sixty-three thousand and fifty six) only which is alleged to have been duly paid by the Manipur University, but the undisputed bill of the petitioner has not been paid till date.

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[4] An affidavit has been filed on behalf of the respondents stating therein that the procurement of the said items by the EMMRC, Manipur University was made during the period when the centre had its own/independent head of account for running the same and before the said amount was released, the then Director, EMMRC had been repatriated as he was on deputation. The account which was used by the said EMMRC is being properly verified by the Manipur University and the same is yet to be finalized. In view of the phases of unrest due to agitation and numerous unsettled issues, the Manipur University encountered financial constraints and therefore, the bill could not be paid in time. The representation submitted by the petitioner was considered but the amount of the bill of the petitioner was not released due to the circumstances mentioned above. There is no question of discriminating the petition in mattes of payment towards the undisputed bill. The payment of the bill of the petitioner would be considered after proper verification.

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[5] It has been submitted by the learned counsel appearing for the petitioner that since the undisputed bill due payable by the respondents is not denied, the instant writ petition can be allowed by directing the

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IN. 6 -3-

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respondents to release the amount at an early date with interest as claimed by the petitioner.

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[6] On 24-08-2021, when the matter was taken up for consideration, the learned counsel appearing for the respondents was granted time to seek instruction in the matter. When the matter is taken up for consideration today again, it has been fairly submitted by the learned counsel appearing for the respondents that the respondents are ready and willing to release the amount, provided they are granted sufficient time of six months from today to which, it has been submitted by the learned counsel appearing for the petitioner that the petitioner has been waiting for the payment of his bill for the last almost four years and therefore, six months’ time prayed for by the learned counsel appearing for the respondents is too long.

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[7] After having heard the learned counsels appearing for the parties and after having considered the facts and circumstances of the present case, this court is of the opinion that the end of justice will be made, if the respondents are granted four months time for payment of the undisputed bill, at one go, without payment of the interest. Accordingly, the instant writ petition stands allowed with the direction that the respondents shall pay the amount of undipusted bill of Rs. 92,80,061/- within four months from today and in the event of the undisputed bill amount not being paid by the respondents, the said amount shall accrue an interest at the rate of Rs. 8% per annum from the date of the expiry of four months from today till the payment of the payable amount.

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Copies of this order shall be sent to the counsels appearing for the parties through their WhatsApp/e-mail.

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JUDGE

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Devananda

M/S Huidrom Brothers v. Manipur University and 3 Ors.

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M/S Huidrom Brothers v. Manipur University and 3 Ors.

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