Gauhati High Court
S.M.Spinning Mills Pvt. Ltd vs The State Of Assam And 6 Ors on 6 May, 2025
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/5
GAHC010124262018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3928/2018
S.M.SPINNING MILLS PVT. LTD.
A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING
ITS REGD OFFICE AT 426/27, SIMPIGULLY RAVIWAR PATH, PHALTAN
415423, MAHARSHTRA, HOUSE REP. BY ITS AUTHORISED SIGNATORY
ARMAN ALI, S/O- LATE RAMJAN ALI, R/O- LILADHAR BARUAH ROAD, H
NO. 15, AMBARI, GUWAHATI- 01, ASSAM
VERSUS
THE STATE OF ASSAM AND 6 ORS
REP. BY THE ADDL CHIEF SECRETARY TO THE GOVT OF ASSAM, WATER
RESOURCES DEPTT, DISPUR SECRETARIAT, DISPUR, GUWAHATI- 06,
ASSAM
2:THE COMMISSIONER AND SECRETARY
TO THE GOVT OF ASSAM
WATER RESOURCES DEPTT
DISPUR SECRETARIAT
DISPUR
GUWAHATI- 06
ASSAM
3:THE CHIEF ENGINEER
WATER RESOURCES DEPTT
GOVT OF ASSAM
MANIRAM DEWAN ROAD
CHANDMARI
GUWAHATI- 03
ASSAM
4:THE EXECUTIVE ENGINEER
TEZPUR WATER RESOURCES DIVISION
Page No.# 2/5
RUBBER BAGAN
TEZPUR
DIST- SONITPUR
ASSAM
PIN- 784001
5:THE ASSISTANT EXECUTIVE ENGINEER
BISWANATH CHARIALI
WATER RESOURCES SUB DIVISION
P.O- BISWANATH CHARIALI
DISTRICT- BISWANATH
ASSAM- 784176
6:THE ADDL. CHIEF SECRETARY TO THE GOVT OF ASSAM
FINANCE DEPTT
DISPUR SECRETARIAT
DISPUR
GUWAHATI-6
ASSAM
7:THE COMMISSIONER AND SECRETARY
TO THE GOVT OF ASSAM
FINANCE(BUDGET) DEPTT
DISPUR SECRETARIAT
DISPUR
GHY- 6
ASSA
Advocate for the Petitioner : MR. S CHAMARIA, MR. S CHANDA,MR. M ALI,MR. M
PHUKAN
Advocate for the Respondent : SC, WATER RESOURCE, MR. B GOSWAMI,SC, FINANCE,MR. B
GOGOI
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
06.05.2025
1. Heard Mr. A.N. Sarma, learned counsel for the petitioner, who submits that
pursuant to a Tender Notice No.TWRD/G/19/Pt-VI/2011/49 dated 02.12.2014,
Page No.# 3/5
floated by the respondents for the work "Protection of Biswanath Panpur
including areas upstream Silamari and far down stream Bhumuraguri to
Boragaon against erosion of the river Brahmaputra" the petitioner company was
awarded with a work order dated 04.02.2015, under Package-1 of the said
tender, for a total value of Rs.26,55,85,717/- only. Till date, due to nonpayment
of the due amount in time, the petitioner could execute works valued at
Rs.18,27,74,348/-, which is about 70% of the total work value.
2. The Assistant Engineer, Water Resources Department has submitted an
additional affidavit dated 13.12.2018, on being authorized by the Chief Engineer,
Water Resources Department, which is to the effect that against the first Ceiling
of Rs.1861.55 lakhs, the petitioner was paid Rs.61,70,640/- against his bill
amount of Rs.61,70,640. Against the next Ceiling Allotment
No.WP(Bt)273/2015/73 dated 18.03.2016, the bills of 8 contractors including
the petitioner were considered for payment. The petitioner at the relevant point
of time, considering his progress of work had submitted 3 bills against the work
executed by him. The first bill was for Rs.5,34,21,757/-, while the next bill was
for Rs.12,59,953/-. The last bill was for Rs.21,24,000/-. The petitioner was paid
Rs.2,65,60,878, Rs.6,30,000/- and Rs.10,62,000/- in respect of the three bills.
The bills were thereafter not paid in respect of the contractors, as no funds had
been received by the office of the Chief Engineer, Water Resources Department
and as only 70% of the Central share had been received by the State
Government.
3. The petitioner's counsel submits that he has been unable to communicate
with the writ petitioner for a number of years.
Page No.# 4/5
4. Ms. J. Gogoi, learned counsel for the Water Resources Department submits
that the funds are to be furnished by the Ministry of Jal Shakti, Government of
India and the Brahmaputra Board. However, they are not made parties in this
case. She submits that as and when funds are received, payments of any
outstanding dues to the contractors would be paid.
5. On considering the submissions made by the parties and on perusal of the
pleadings, it is seen that the petitioner had completed only 70% of his contract.
However, as per the additional affidavit of the Water Resources Department, the
petitioner has not been paid 100% of his bills. As such, there appears to be
outstanding amounts payable to the petitioner.
6. On considering the above fact, this Court is of the view that the
respondents should cause a verification to be made, as to the outstanding dues
payable to the petitioner as on date. Accordingly, in terms of the judgment of
the Full Bench of this Court in the case of Tamsher Ali vs. State of Assam &
Others, reported in 2008 (4) GLT 1, the Chief Engineer, Water Resources
Department, is directed to cause a verification to be made, to ascertain the
contractual dues payable to the petitioner as on date. Thereafter funds should
be sought for from the Ministry of Jal Shakti, Government of India and the
Brahmaputra Board for payment of the admitted dues of the petitioner. The
entire exercise should be completed within a period of 6 (six) months from the
date of receipt of a certified copy of this order by the Chief Engineer, Water
Resources Department.
Page No.# 5/5
7. The writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
