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Judgment
Heard Ms. D. Choudhury, the learned counsel appearing on behalf of the Petitioner and Ms. R. Bora, the learned Standing counsel appearing on behalf of the Respondent Nos.1, 3 & 4. I have also heard Mr. B. Sharma, the learned Standing counsel appearing on behalf of the Respondent No.3.
The Petitioner herein is aggrieved by the inaction on the part of the Respondent Authorities in not making payment of the amount to which the Petitioner is entitled upon completion of the supply of furniture.
The case of the Petitioner herein is that the Respondent Authorities more particularly the Respondent No.4, vide two separate purchase orders dated 06.03.2021 and 05.01.2022, awarded contracts to the Petitioner Company for the supply and installation of hospital furniture at DMCH, Diphu. In terms of the said orders so placed, the Petitioner Company had supplied the furniture as per the specifications, measurements and quality complying with the other terms and conditions as mentioned in the said purchase orders.
The learned counsel for the Petitioner submitted that after completion of the supply and installation as per requirements, Project Completion Certificates were also issued vide certificates dated 11.08.2021 and 18.05.2022 by the Respondent No.4. Thereafter, the Petitioner submitted bills amounting to Rs.2,68,808/- and Rs.22,52,490/- for the purchase orders dated 06.03.2021 and 05.01.2022 respectively, totaling to Rs. 25,21,298/-, before the Respondent Authorities for payment. However, the said payment has not been made. The learned counsel for the Petitioner further submitted that vide application dated 19.07.2023, the Petitioner also sought certain information from the Public Information Officer under the Right to Information Act, 2005, specifically seeking information with respect to the purchase orders issued by the Respondent No.4. However, no heed was paid to the Petitioner's application dated 19.07.2023. Being aggrieved, the Petitioner has approached this Court under Article 226 of the Constitution.
Ms. R. Bora, the learned Standing counsel appearing on behalf of the Respondent Nos. 1, 2 and 4 submitted that there is no denial to the fact that the purchase orders were issued to the Petitioner. The learned Standing counsel however, submitted that the entitlement of the Petitioner would depend upon verification to be carried out by the Respondent Authorities.
Upon perusal of the materials on record, this Court is of the opinion that if the Petitioner had supplied the furniture as per the purchase orders dated 06.03.2021 and 05.01.2022, the Petitioner would be entitled to the amount. However, for the same, verification on the part of the Respondent Authorities would be required.
This Court therefore disposes of the instant writ petition with the following observations and directions:-
The Respondent Authorities shall verify as to whether the Petitioner had successfully supplied the furniture as per the purchase orders dated 06.03.2021 and 05.01.2022.
The Respondent Authorities shall also verify as to whether the Petitioner had submitted the requisite documents which are required for the purpose of releasing the amount due as claimed by the Petitioner.
The Respondent Authorities shall also verify the entitlement of the Petitioner to the dues, and if upon verification in the manner stated above, it is found that the Petitioner is entitled to any such amount, the Respondent Authorities shall pay the same to the Petitioner.
The above exercise be completed within a period of 6 (six) months from the date a certified copy of the instant judgment is served upon the Respondent No.2, i.e. the Director of Medical Education, Khanapara, Six Mile, Guwahati, Assam.