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WP(C) No. 832 of 2017

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IN THE HIGH COURT OF MANIPUR

AT IMPHAL

W.P.(C) No.832 of 2017

1.

Shri Phandombam Dona Singh, aged about 50 years, S/O (L)

Ph. Indrajit Singh, a resident of Ghari Awang Leikai, Imphal

West District, Manipur. Proprietor of M/S Dona enterprises,

Ghari Awang Leikai.

2.

Shri Gaikhangm kabui aged about 67 years, S/o (L)

Nungshichao Kabui, resident of Ragailong, Imphal, Prop. M/S

G.K Enterprises, Ragailong, Imphal.

... Petitioners

-Versus -

1.

The State of Manipur represented by the Additional Chief

Secretary/ Secretary (Power) Government of Manipur.

2.

The Principal Secretary/ Addl. Chief Secretary (Finance),

Government of Manipur.

3.

The Managing Director, Manipur State Power Company Ltd.

Keishampat.

4.

The Managing Director, Manipur State Power Distribution

Company Ltd. 3^rd Floor New Directorate Building, near 2^nd

M.R. Gate, Imphal Dimapur Road.

5.

The Deputy General Manager, Electrical Circle No. 1, Manipur

State Power Distribution Co. Ltd., Keishampat.

... Respondents

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WP(C) No. 832 of 2017

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B E F

O R

E

HON’BLE MR. JUSTICE MV MURALIDARAN

For the Petitioner

::

Mr.

Y.

Nirmolchand,

Sr.

Adv.,

assisted by Mr. L. Raju, Adv.

For the respondents

::

Mrs. Momota Devi Oinam, Addl. AG.

Date of Hearing

::

05.07.2019.

Date

of

Judgment

&

Order

::

26.08.2019.

JUDGMENT & ORDER

(CAV)

Heard Mr. Y. Nirmolchand, learned senior counsel assisted by Mr. L.

Raju, learned counsel for the petitioner and Mrs. Momota Devi Oinam,

learned Addl. AG for the respondents.

[2]

This writ petition has been filed by the petitioners seeking a

writ of mandamus directing the respondents to pay a sum of Rs.6,54,900/-

with interest at the rate of 18% per annum due to them for the supply of the

materials in terms of the Work Order No.3/35/IED-1/Supply/2004-05/21,

dated 20.10.2006.

[3].

The case of the petitioners is that they have been authorised

to do all the activities of supply of Engineering materials and execution of

contract works assigned by the Government. The petitioners used to

supply equipments and other materials to the Government Departments

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WP(C) No. 832 of 2017

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and execute other works awarded to them by the Government from time to

time. According to the petitioners, they have supplied materials indicated in

the Supply Order dated 20.10.2006 to the erstwhile Electricity Department

on 23.10.2006 and the materials were received by them in good condition

and acknowledged by the department. After supply, the petitioners

submitted the bill amounting to Rs.6,54,000/- and the concerned authority

had also recorded the same in the relevant measurement book and liability

bills including supporting documents was also submitted by the Deputy

General Manager, Manipur State Power Distribution Company (MSPDC)

Limited to the concerned authority. However, the respondents have failed

to pay the bill amount. Hence, the petitioners have filed the present writ

petition.

[4].

Resisting the writ petition, respondent Nos.4 and 5 have filed

affidavit-in-opposition stating that the materials were received on

23.10.2006 by the then Assistant Engineer and verification of receipt of the

materials were done on the same day. However, the then Executive

Engineer did not verify the bill for almost two years. It is stated that passing

of the bill on 31.3.2014 after a gap of 7 years and 5 months of the receipt of

materials, the Executive Engineer raised a doubt with respect to the actual

receipt of the materials in question. It is also stated that the petitioners

have not raised their claim for payment of outstanding dues during the

period and claim for non-payment of the outstanding bill was raised only in

2015. In view of the recommendation of the Committee for rejection of the

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claimed li