M/S Sunsteels (India) v. The State of Assam and 3 Ors

ORDER Date : 16.08.2024

Heard Mr. G. N. Sahewalla, learned Senior Counsel assisted by Ms. S. Todi, learned counsel appearing for the petitioner. Also heard Ms. S. Barua, learned counsel appearing for the respondent no. 1 and Mr. K. Biswakarma, learned counsel appearing for the respondents no. 2, 3 & 4. As agreed to by the learned counsels appearing for the parties, this writ petition is taken up for final consideration and disposal. The petitioner, in the present proceeding has prayed for a direction upon the respondent authorities to clear his outstanding dues amounting to Rs. Page No.# 3/4 25,19,602/-, which is in arrears for the work undertaken by him for the respondent authorities during the period 1998 to 2002. The petitioner prays that the said amount be released to him with an interest @ 12% per annum. The respondents, by way of filing an affidavit in the matter had disputed such claim of the petitioner on the ground of delay occasioning in claiming the said amount and accordingly, it was stated that such claim as made by the petitioner in the present proceeding is barred by limitation. In the said affidavit, it was also highlighted that the amounts due to the petitioner could not be released to him on account of a financial crunch suffered by the Board and accordingly, the same remained in arrears. Mr. Biswakarma, learned counsel appearing for the respondents no. 2, 3 & 4, on instructions, submitted that the Board is in receipt of funds and accordingly, the claim of the petitioner can be given its due consideration and the arrears cleared. However, Mr. Biswakarma, submits that the claim being a old one, the Board be permitted to carry out a verification process for the same and thereafter to release the amount due and it is also submitted that in the event the claim of the petitioner is found to be admitted, he would be entitled to interest as claimed for. The said submission is not disputed to by Mr. G. N. Sahewalla, learned Senior Counsel, who submits that the petitioner has been unnecessarily harassed for such long period of time on account of his non release of his admitted dues. In view of the submissions made by Mr. Biswakarma, learned counsel appearing for the respondents no. 2, 3 & 4, the Board is directed to carry out a verification process of the bills as submitted by the petitioner and thereafter, in the event it is found that the claim made by the petitioner is admitted, to Page No.# 4/4 release the admitted amount to the petitioner, along with interest @ 12% per annum from the date the same was so due, till the date of actual release of such admitted dues. The said exercise shall now be initiated and the verification process be concluded by the respondent Board within a period of 3(three) months from the date of receipt of a certified copy of this order from the petitioner, herein, followed by payment of the admitted amounts to the petitioner, along with the interest as directed herein above. With the above observations and directions, the writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010222262023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5804/2023o M/SoSUNSTEELSo(INDIA)o AoPARTNERSHIPoCONCERNoHAVINGoITSoOFFICEoAToMITHAPUKHURIo ROAD,oJORHATo ANDoISoREPRESENTEDoBYoONEoOFoITSoPARTNER,o SRIoSAJANoKUMARoAGARWAL,o SONoOFoLATEoRAMoKISHOREoAGARWAL,o AGEDoABOUTo51oYEARS,o RESIDENToOFoDEWALoROAD,oJORHAT,o INoTHEoDISTRICToOFoJORHAT,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,o DEPARTMENToOFoHOUSINGoANDoURBANoAFFAIRS,o A-BLOCK,oGROUNDoFLOOR,oJANATAoBHAWAN,o DISPUR,oGUWAHATI-o781006,o INoTHEoDISTRICToOFoKAMRUP(M),oASSAM. 2:ASSAMoURBANoWATERoSUPPLYoANDoSEWERAGEoBOARD oAoGOVT.oOFoASSAMoUNDERTAKING o AMRITPURoPATH oGANESHGURI oGUWAHATI-o781006o INoTHEoDISTRICToOFoKAMRUP(M) oASSAMo REPRESENTEDoBYoITSoMANAGINGoDIRECTOR. 3:THEoCHAIRMAN oASSAMoURBANoWATERoSUPPLYoANDoSEWERAGEoBOARD Page No.# 2/4 A GOVT. OF ASSAM UNDERTAKING AMRITPUR PATH GANESHGURI GUWAHATI- 781006 IN THE DISTRICT OF KAMRUP(M) ASSAM. 4:THE EXECUTIVE ENGINEER ASSAM URBAN WATER SUPPLY AND SEWERAGE BOARD JORHAT DIVISION NEHRU PARK BARUA CHARIALI JORHAT- 783001 Advocate for the Petitioner : MR G N SAHEWALLA, MR H K SARMA,MS. S. TODI,MR M SAHEWALLA,MR. A CHETIA,MD ASLAM Advocate for the Respondent : GA, ASSAM, MR K BISWAKARMA (r-2,3,4),MR S CHOUDHURY, SC, ASSAM URBAN WATER SUPPLY AND SEWERAGE BOARD,,MR S BORA, SC, HOUSING AND URBAN AFFAIRS DEPARTMENT, BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR