M/S GREEN VALLEY INDUSTRIY AND ANOTHER Vs. STATE OF ASSAM AND OTHERS
LAWS(GAU)-2018-12-2
HIGH COURT OF GAUHATI
Decided on December 04,2018

M/S Green Valley Industriy And Another Appellant
VERSUS
State of Assam and Others Respondents

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.;


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