A party entitled to payment for supplied goods may seek relief in court if the payment is delayed, affirming the legal obligation to honor contracts without undue delay.

JUDGMENT :

DEVASHIS BARUAH, J.

The instant writ petition is filed by the petitioner challenging the non-payment of the admitted amount of Rs.46,40,715/- to the petitioner for supply of spare motor parts by the Respondent Authorities.

2. The case of the petitioner herein is that the petitioner firm is a registered firm represented by its proprietor and has been doing various contractual works under the Government of Assam and its various Departments including Assam Police Headquarters. The petitioner firm on acceptance of its bid has been duly supplying the spare motor parts to the Respondent Authorities. But the bills raised for the period from May, 2022 till December 2024 amounting to Rs. 46,40,715/- has not yet been paid to the petitioner firm. Hence the writ petition.

3. The learned counsel appearing on behalf of the petitioner submitted that the petitioner has been pursuing the matter delinquently with the respondents, but the Respondent Authorities have not shown any interest in making the payment of the admitted amount of Rs. 46,40,715/- due to the petitioner for which the petitioner is facing hardship. The learned counsel for the petitioner further submitted that the Respondent Authorities have failed to discharge their duty in accordance with law and the same has caused prejudice to the petitioner. Hence, the petitioner has approached this Court by filing the instant writ petition.

4. In the affidavit-in-opposition filed by the respondent No.3 on 23.07.2025, it has been stated that from the records maintained in the office of the said respondent No.3 were examined and found that the petitioner had submitted 23 numbers of bills against supply of spare motor parts on various dates and these bills were in order. It was further mentioned that these bills were forwarded to the sanctioning authority after proper verification and observing formalities to accord approval of sanction against the entitled amount as well as allotment of funds required to credit the same to the bank account of the petitioner. Further to that, it was also mentioned that out of the 23 numbers of bills, the sanctioning authority has already issued approval of sanction against 4 numbers of bills for the months of May, July, August and September, 2022. But the allotment of funds could not be provided within the financial year of 2024-25, and as such, the amount could not be credited to the bank account of the petitioner. Further to that, the detail status of the bills of the petitioner has been duly mentioned. From a perusal of the said affidavit, it is clear that the respondents have duly admitted to the amount of Rs.46,40,715/- to be payable to the petitioner, and out of which, sanction has already been obtained for Rs. 12,70,739/-.

5. Upon perusal of the materials on record, and more particularly the affidavit-in-opposition filed by the respondent No.3, it would be seen that the Respondents therefore admit that the petitioner is entitled to the amount of Rs.46,40,715/-. Accordingly, the writ petition is disposed of with the following observations and directions:-

i) The petitioner is entitled to the amount of Rs.46,40,715/- as admitted by the Respondents.

ii) The said amount of Rs.46,40,715/- be paid to the petitioner after making such statutory deductions, if so required, within a period of 6 (six) months from the date, a certified copy of the instant order is served upon the respondent No.2, i.e. the Director General of Police, Assam, Ulubari, Guwahati.

(iii) Any amount so paid during the pendency of the present writ petition towards the dues of the petitioner shall be set off while making payment to the petitioner.