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1995 Supreme(P&H) 1462

N.K.KAPOOR
Equipment Conductors And Cables Ltd. – Appellant
Versus
Haryana State Electricity Board – Respondent


JudgmentJudgment

N.K.Kapoor, J.

1. Petitioner seeks issuance of a writ of mandamus for compliance of the Ordinance promulgated on 23.9.1992 the interest on delayed payment to Small Scale and Ancillary Undertakings and for issuance of such writ order or direction as the Court may deem fit and appropriate in the facts and circumstances of the case. According to the petitioner it is a small scale industrial Undertaking within the meaning of Section 23 Sub-clause (3) of the Industries (Development and Regulation) Act, 1951. It is registered as a small scale industry. It is the case of the petitioner that the supplied ACSR Conductors vide two orders No. HH-1/3374QH-V1979 and HH-1/3381/QH-1/1980 for supply of 1200 Km. of conductors of the value of Rs. 82,29,600/- and 800 K.M. of the value of Rs. 36,46,400/-. As per Clause 6 of the purchase order Nos. 3374 and 3381, 100% payment was to be made with full taxes and duties within 7 days from the submission of bills. According to the petitioner supply of the conductors was made in between 16.9.1992 to 17.2.1993. As agreed between the parties, the bills were to be cleared within 7 days from the receipt of the material but the respondent failed










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