M/S GREEN VALLEY INDUSTRIY AND ANOTHER Vs. STATE OF ASSAM AND OTHERS
HIGH COURT OF GAUHATI
M/S Green Valley Industriy And Another
State of Assam and Others
Click here to view full judgement.
(1.) Heard Mrs. U. Chakraborty, the learned counsel for the appellants as well as Mr. SP Choudhury, the learned Govt. Advocate
appearing for the respondents.
(2.) This appeal u/s 96 r/w Order XLI Rule 1 and 2 is filed against the judgment and decree dated 26.08.2011 passed by the learned
Civil Judge No.1, Kamrup, Guwahati, in Money Suit No.77/2008.
(3.) The facts in the suit is brief. The appellant is the plaintiff in the suit. The appellant is a partnership firm carrying on business as
small scale industry. The said industry is registered under
No.02/03/01250/DNT SSI having its office at main road at Tezpur.
The respondent No.2 i.e. the Chief Engineer, PWD (Roads), Guwahati
entered into a contract with the plaintiff on 29.02.1996 for supply of
RCC pipes, Class NP-2 & NP-3 for construction of road at Kokrajhar.
The plaintiff agreed to the terms and condition of proposal dated
11.03.1996. Thereafter, the respondent No.2 issued a formal work order on 02.08.1996 for supply of materials at the work site. In this
regard pursuant to a tender process, a Contract Agreement bearing
No.341CE (Roads) 1995-96 was executed by and between the
respondent No.2 and the plaintiff. For the billed amount against the
supply, the respondent No.2 paid a sum of Rs.6,79,000/- to the
plaintiff and there remained an outstanding balance of Rs.7,70,233/-
as the principal sum due. As no payment was forthcoming, the
petitioner filed W.P.(C)No.5670/2000 before this Court for realizing
their dues with statutory interest upto 31.03.2000 and thereafter as
per the Act.;
Copyright © Regent Computronics Pvt.Ltd.