M/S. S.B.Electricals v. The State of Assam and 3 Ors

ORDER

30.09.2024

¶1No one appears for the petitioner on call. Mr. M. Chetia, learned counsel appears for all the respondents.

¶2The present writ petition has been filed seeking a Writ of Mandamus, directing the authorities to pay to the petitioner his contractual dues amounting to Rs.4,49,886/-.

¶3Mr. M. Chetia, learned counsel for the respondents submits that the respondents do not deny the fact that the petitioner is to be paid the admitted amount of Rs.4,49,686/-. However, the petitioner was requested to submit certain documents by the Director of Fisheries and the same has not been submitted by the petitioner till date. He submits that the Director had also issued a final reminder to the contractor to submit the necessary documents/report with a price list of the transformer by 09.04.2013. However, no correspondence was received by the Director.

¶4Paragraph-8, 9, 10 and 11 of the affidavit-in-opposition filed by the respondent no.2, i.e. the Director of Fisheries is to the following effect : "8. That, the deponent has respectfully admitted the fact that the bill amounting to Rs.4,49,686.00 was prepared on 24/03/2012 by concerned JE, checked and signed by AE & EE on 27/03/2012 and duly passed by Director of Fisheries on 27/03/2012. Accordingly, the Director of Fisheries vide letter No. Page No.# 3/4 AF(S)165/2011-12/13804 dated 27/03/2012 has communicated with the Manager, Kalapahar Electrical Sub-Division, Kahilipara, Guwahati for necessary action for supervision and connection of CT/PT.

¶9That, the deponent respectfully submits that the Director of Fisheries vide letter No. AF(S)165/2011-12/9684 dated 25/01/2013 has informed the contractor to submit the ASEB supervision report and charging approval and also assured that full fund is available with the department and shall be paid immediately after fulfillment of this essential condition.

¶10That the deponent begs to state that the Director of Fisheries vide letter No. AF(S0160/2012-13/10938 dated 07/03/2013 alleged the contractor for non-submission of requested documents related to ASEB norms and urged the contractor to submit the necessary documents/report with a price list of the transformer by 11/03/2013 positively.

¶11That the deponent respectfully begs to state that the Director of Fisheries vide vide letter No. AF(S)160/2012-13/185/183 dated 04/04/2013 has issued final reminder to contractor to submit the documents/necessary documents/report with a price list of the transformer by 09/04/2013. It is also submitted by this answering deponent that till date no correspondence is received from the contractor concerned."

¶5As can be seen from the affidavit-in-opposition filed by the respondent no.2, the respondents have admitted that they are liable to pay to the petitioner Rs.4,49,686/-. However, the said payment has not been made due to the fact that the petitioner has not submitted the necessary documents/report with price list of the transformer.

¶6In view of the claim of the petitioner being an admitted amount, the respondents are directed to pay to the petitioner the admitted amount of Rs.4,49,686/- within a period of 3 (three) months from the date the petitioner Page No.# 4/4 submits the required documents or copies thereof to the Director of Fisheries. In this respect, the Director of Fisheries shall send a communication to the petitioner within a period of 10 (ten) days from today, informing the petitioner the required documents which are to be submitted.

¶7The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010200082017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4910/2017o M/S.oS.B.ELECTRICALSo REP.oBYoITSoPROP.oSRIoSWAPANoDAS,oS/O-oLATEoSANTOSHoKUMARoDAS,o R/O-oTARUNoNAGAR,oABC,oGUWAHATI-o781005,oDIST-oKAMRUPM,oASSAM VERSUSo THEoSTATEoOFoASSAMoando3oORS.o REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFoASSAM,o FISHERYoDEPTT.,oDISPUR,oGUWAHATI-o781006 2:THEoDIRECTORoOFoFISHERIES oMEENoBHAWAN oGOPINATHoNAGAR oGUWAHATI-o781016 3:THEoDEPUTYoDIRECTORoOFoFISHERIES oMEENoBHAWAN oGOPINATHoNAGAR oGUWAHATI-o781016 4:THEoEXECUTIVEoENGINEER oDIRECTORATEoOFoFISHERIES oMEENoBHAWAN oGOPINATHoNAGAR oGUWAHATI-o78101o AdvocateoforotheoPetitionerooooo:oMR.NoUPADHYAYA,oMR.DoSARMAHo AdvocateoforotheoRespondento:oGA,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA