Gauhati High Court
M/S C S Enterprise vs Union Of India And Ors on 14 October, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
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GAHC010089992025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2898/2025
M/S C S ENTERPRISE
OFFICE AT BARAMA ROAD WARD NO 8 NALBARI ASSAM REPRESENTED
BY ITS PROPRIETOR RESIDENT OF BARAMA ROAD WARD NO 8 DISTRICT
NALBARI ASSAM
VERSUS
UNION OF INDIA AND ORS
REPRESENTED BY THE SECRETARY TO THE GOVT OF INDIA, MINISTRY
OF LAW AND JUSTICE, NEW DELHI
2:THE ELECTION COMMISSION OF INDIA
REPRESENTED BY THE PRINCIPAL SECRETARY NIRVACHAN SADAN
ASHOKA ROAD NEW DELHI
3:THE STATE OF ASSAM
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT OF ASSAM
SECRETARIAT DISPUR GUWAHATI
4:THE CHIEF ELECTORAL OFFICER ASSAM
BLOCK C 4TH FLOOR JANATA BHAWAN ASSAM SECRETARIAT DISPUR
GUWAHATI
5:DEPUTY COMMISSIONER AND DISTRICT ELECTION OFFICER BAKSA
ELECTION BRANCH BAKSA MUSHALPUR ASSAM
6:THE ELECTION OFFICER BAKSA
OFFICE OF THE DISTRICT ELECTION OFFICER BAKSA ELECTION
BRANCH BAKSA MUSHALPUR ASSA
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For the petitioner (s) : Dr. A. Todi, Advocate
For the respondent (s) : Mr. B. Chakraborty, Advocate
Ms. P. Baruah, Advocate
Mr. M. Chetia, Govt. Advocate
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
Date of Hearing : 14.10.2025
Date of Judgment : 14.10.2025
JUDGMENT AND ORDER (ORAL)
Heard Dr. A. Todi, the learned counsel appearing on behalf
of the petitioner. Mr. B. Chakraborty, the learned counsel appears
on behalf of the respondent No.1; Ms. P. Baruah, the learned
counsel appears on behalf of the respondent Nos.2 & 4 and Mr.
M. Chetia, the learned Government Advocate appears on behalf
of the respondent Nos.3, 5 & 6.
2. The present writ petition has been filed by the petitioner
being aggrieved at the inaction on the part of the Respondent
Authorities in not making payment of an amount of Rs.9,17,290/-
for the supply made by the petitioner of plastic scales, trunks,
rubber stamps, etc. as well as I-Cards, to the tune of
Rs.9,17,290/-.
3. It is the case of the petitioner that pursuant to the work
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order being issued by the District Election Officer, Baksa,
Mushalpur for the Lok Sabha Election, 2019 and the supply being
effected by the petitioner in the year 2019, the Respondent
Authorities for reasons best known, have not made any payment
to the petitioner though the said amount has been duly admitted
as would be seen from Annexure-III to the writ petition.
4. This Court takes note of that pursuant to the notice being
issued, an affidavit-in-opposition has been filed on behalf of the
respondent Nos.2 & 4 wherein at paragraph Nos.5 & 8, the said
amount has been duly admitted. The reason assigned in the said
affidavit is that the said amount could not be paid on account of
funds being not made available to the District Election Officer,
Baksa.
5. Dr. A. Todi, the learned counsel appearing on behalf of the
petitioner submitted that the said amount was payable to the
petitioner immediately upon supply being effected in the year
2019. The learned counsel for the petitioner further submitted
that there cannot be a reason for delaying the payment on the
ground that the funds were not available, and as such, the
petitioner is entitled to interest at the rate of 18% per annum.
6. This Court has duly heard the learned counsels appearing on
behalf of the parties and has also duly taken note of that the
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Respondent Authorities have duly admitted that the amount is
payable to the petitioner and for the last six years, the said
amount has not been paid. In the opinion of this Court, the
petitioner is therefore not only entitled to the amount, but also to
the interest.
7. Taking into account the above, this Court therefore
disposes of the instant writ petition with the following
observations and directions:-
(i) The respondents herein are jointly and severally
responsible for the payment of the amount of Rs.9,17,290/-
to the petitioner along with interest.
(ii) This Court, having taken into account that there has
been a delay in payment of the amount of Rs.9,17,290/-
and no good reasons have been assigned, is of the opinion
that the petitioner is entitled to interest at the rate of 9%
on the said amount w.e.f. 14th December, 2022, whereby
there is a clear admission on the part of the District Election
Officer, Baksa, that the amount of Rs.9,17,290/- is payable
to the petitioner.
(iii) The amount of Rs.9,17,290/- along with the interest @
9% per annum w.e.f. 14.12.2022 be paid to the petitioner
within a period of 3(three) months from the date a certified
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copy of the instant order is served upon the respondent
No.4.
JUDGE
Comparing Assistant
