AVON CYCLES LIMITED Vs. STATE OF JHARKHAND THROUGH SECRETARY, DEPARTMENT O
LAWS(JHAR)-2018-1-62
HIGH COURT OF JHARKHAND
Decided on January 29,2018

AVON CYCLES LIMITED Appellant
VERSUS
State Of Jharkhand Through Secretary, Department O Respondents

JUDGEMENT

Rajesh Shankar, J. - (1.) Heard learned counsel for the parties.
(2.) The present writ petition has been filed for issuance of direction upon the respondents to make payment of dues of Rs.4,58,97,665.00 (Rupees Four Crores Fifty Eight Lacks Ninety Seven Thousand Six Hundred Sixty Five) only to the petitioner along with 18% interest per annum, calculated from the respective due dates of payment till the date of actual payment, on account of supply of 49,268 nos. of bicycles for the period 2012-13 placed vide Order No. 48 dated 09.01.2014 and supply of 51,428 nos. of bicycles for the period 2013-14 placed vide Order no. 53 dated 09.01.2014 by the respondent no.3. The said amount is still due to be paid by the respondents despite being admitted by the respondent-Department vide Letter no. 2290 dated 27.07.2015, Letter no. 2928 dated 16.09.2015, Memo No. 2190 dated 04.11.2015 and Letter no. 3337 dated 06.11.2015.
(3.) Learned counsel for the petitioner submits that the petitioner is one of the leading manufacturers of bicycles in India and one of the major suppliers of the same throughout India including the State of Jharkhand. The respondents in order to provide the bicycles to the boys towards welfare scheme entered into an agreement with the petitioner on 30.12.2013. Pursuant to the said agreement, the respondent no.3 placed the Order No. 48 dated 09.01.2014 for supply of 49,268 nos. of bicycles at the rate of Rs.3,060/- for the year 2012-13. A further order was placed by the respondent no. 3 being order no. 53 dated 09.01.2014 to the petitioner for supply of 51,428 nos. of bicycles at the rate of Rs.3,060/-for the year 2013-14. The petitioner supplied required number of bicycles in different districts i.e. Dumka, Palamu, Deoghar, Gharwa and Godda in the State of Jharkhand. The grievance of the petitioner is that despite the supply of aforesaid bicycles made by it to the concerned authorities of the districts, only part payment has been made against the said supply. Various letters have been exchanged among the authorities for making the balance payments to the petitioner for supply of bicycles made in pursuance of the aforesaid supply orders, yet the petitioner has not been paid the balance amount by the respondents.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.