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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA
S.B. Enterprise, rep. By Its Proprietor Shri Sanjib Bhattacherjee – Appellant
Versus
State Of Assam, rep. By The Chief Secy. To The Govt. Of Assam – Respondent
ORDER :
(MICHAEL ZOTHANKHUMA, J.)
Heard Mr. L. Mohan, learned counsel for the petitioners and Mr. R. R.Gogoi, learned Standing Counsel for the PHE Department.
2. The petitioner’s case is that he was asked to supply low cost materials, vide supply orders dated 08.10.2013. The Chief Engineer (PHE)B&S, Assam had stipulated that the delivery period for supply of the low cost sanitary materials would be 120 days. Out of the 1,73,701/- units, for Silchar Division No. 2, Nalbari, Morigaon, Tezpur Division No. 2, Guwahati Division No. 1 and Nagaon Division, the petitioner supplied 79,758 units. However, the balance 100943 units of low cost sanitary materials were not accepted because of storage problem by the authority.
3. The petitioner’s further case is that citing delayed delivery, the Chief Engineer, PHE has issued the impugned letter dated 04.06.2015, wherein it was alleged that the petitioner failed to supply the materials within the stipulated period, which had hindered the progress of construction of individual house-hold latrines (IHHL) in the State. Therefore, the supply order was cancelled and the petitioner was asked to receive payment for supply made until 31.05.2015.
4. The petiti
Parties must be afforded notice and opportunity before order cancellation; however, if compliance is not met, suppliers may be deemed in breach, necessitating civil litigation for damages.
The petitioner's delay tactics and failure to supply the goods led to the cancellation of the contract, and the court upheld the awarding of the contract to another bidder at a higher rate.
Section 34 of Kerala Municipality Act provides that every standing Committee, other Committees and Secretary shall be bound to give effect to every resolution of Council unless such resolution is sus....
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