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2025 DIGILAW 1693 (GAU)

C. S. Enterprise v. Union of India

2025-10-14

DEVASHIS BARUAH

body2025
JUDGMENT : DEVASHIS BARUAH, J. 1. Heard Dr. A. Todi, the learned counsel appearing on behalf of the petitioner. Mr. B. Chakraborty, the learned counsel appears on behalf of the respondent No.1; Ms. P. Baruah, the learned counsel appears on behalf of the respondent Nos.2 & 4 and Mr. M. Chetia, the learned Government Advocate appears on behalf of the respondent Nos. 3, 5 & 6. 2. The present writ petition has been filed by the petitioner being aggrieved at the inaction on the part of the Respondent Authorities in not making payment of an amount of Rs.9,17,290/- for the supply made by the petitioner of plastic scales, trunks, rubber stamps, etc. as well as I-Cards, to the tune of Rs.9,17,290/-. 3. It is the case of the petitioner that pursuant to the work order being issued by the District Election Officer, Baksa, Mushalpur for the Lok Sabha Election, 2019 and the supply being effected by the petitioner in the year 2019, the Respondent Authorities for reasons best known, have not made any payment to the petitioner though the said amount has been duly admitted as would be seen from Annexure-III to the writ petition. 4. This Court takes note of that pursuant to the notice being issued, an affidavit-in-opposition has been filed on behalf of the respondent Nos.2 & 4 wherein at paragraph Nos.5 & 8, the said amount has been duly admitted. The reason assigned in the said affidavit is that the said amount could not be paid on account of funds being not made available to the District Election Officer, Baksa. 5. Dr. A. Todi, the learned counsel appearing on behalf of the petitioner submitted that the said amount was payable to the petitioner immediately upon supply being effected in the year 2019. The learned counsel for the petitioner further submitted that there cannot be a reason for delaying the payment on the ground that the funds were not available, and as such, the petitioner is entitled to interest at the rate of 18% per annum. 6. This Court has duly heard the learned counsels appearing on behalf of the parties and has also duly taken note of that the Respondent Authorities have duly admitted that the amount is payable to the petitioner and for the last six years, the said amount has not been paid. 6. This Court has duly heard the learned counsels appearing on behalf of the parties and has also duly taken note of that the Respondent Authorities have duly admitted that the amount is payable to the petitioner and for the last six years, the said amount has not been paid. In the opinion of this Court, the petitioner is therefore not only entitled to the amount, but also to the interest. 7. Taking into account the above, this Court therefore disposes of the instant writ petition with the following observations and directions:- (i) The respondents herein are jointly and severally responsible for the payment of the amount of Rs.9,17,290/- to the petitioner along with interest. (ii) This Court, having taken into account that there has been a delay in payment of the amount of Rs.9,17,290/- and no good reasons have been assigned, is of the opinion that the petitioner is entitled to interest at the rate of 9% on the said amount w.e.f. 14th December, 2022, whereby there is a clear admission on the part of the District Election Officer, Baksa, that the amount of Rs.9,17,290/- is payable to the petitioner. (iii) The amount of Rs.9,17,290/- along with the interest @ 9% per annum w.e.f. 14.12.2022 be paid to the petitioner within a period of 3(three) months from the date a certified copy of the instant order is served upon the respondent No.4.