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2025 DAILYLAW 19038 (GAU)

M/S M. S. ASSOCIATES v. THE STATE OF ASSAM AND 4 ORS

WP(C)/5362/2024 · 2025-06-19

Michael Zothankhuma

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010203942024 2025:GAU-AS:8232 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5362/2024 M/S M. S. ASSOCIATES A PARTNERSHIP FIRM HAVING ITS OFFICE AT C/O- SHARMA TYRE HOUSE, KHUTIKATIA A.T. ROAD, P.S. SADAR, DISTRICT- NAGAON (ASSAM), REPRESENTED BY ONE OF ITS PARTNER- SRI SURENDRA SARMAH, AGED ABOUT 48 YEARS, S/O- SRI BABULAL SHARMA, R/O- STADIUM MARKET, A.T. ROAD, P.S. SADAR, DISTRICT- NAGAON, ASSAM, PIN- 782001 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, TRANSPORT DEPARTMENT, GOVT. OF ASSAM, DISPUR, GUWAHATI- 781006 2:THE COMMISSIONER AND SECRETARY FINANCE DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI- 781006 3:THE ASSAM STATE TRANSPORT CORPORATION (ASTC) REPRESENTED BY ITS MANAGING DIRECTOR PALTANBAZAR GUWAHATI- 781008 4:THE CHIEF ENGINEER (C) ASSAM STATE TRANSPORT CORPORATION (ASTC) REPRESENTED BY ITS MANAGING DIRECTOR PALTANBAZAR GUWAHATI- 781008 5:THE ASSISTANT EXECUTIVE ENGINEER ASSAM STATE TRANSPORT CORPORATION (ASTC) PALTANBAZAR Page No.# 2/3 GUWAHATI- 78100 Advocate for the Petitioner : MR T H HAZARIKA, MR A RASHID Advocate for the Respondent : SC, TRANSPORT DEPARTMENT, ASSAM, SC, FINANCE,SC, A S T C BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 20.06.2025 Mr. A. Rashid, learned counsel appears for the petitioner, while Ms. P. Seyie, learned counsel appears on behalf of Mr. R.M. Das, learned counsel for the ASTC. Ms. M.D. Borah, learned counsel appears for the respondent No.1. 2. The petitioner’s grievance is that the petitioner had been made to construct a boundary wall and yard at ASTC land at Dimaruguri at a value of Rs.39,94,805/-. The petitioner having completed 50% of the work had raised a bill for Rs.19,67,409/ on 02.05.2015. However, the same have not been paid. 3. Ms. P. Seyie, learned counsel for the ASTC has submitted a copy of SBI Cheque No.993397 dated 03.06.2025 for an amount of Rs.4,65,000/-, in favour of the petitioner. Ms. P. Seyie submits that the said cheque has been received by the petitioner on 04.06.2025. She submits that the remaining dues of the petitioner amounting to Rs.15,01,699/-, shall be paid to the petitioner within 5(five) months. 4. On hearing the counsels for the parties and keeping in view that the Assam State Transport Corporation have admitted that they are still liable to pay Page No.# 3/3 to the petitioner an amount of Rs.15,01,699/-, this Court is of the view that the said amount should be paid within 5(five) months from the date of receipt of a certified copy of this order. Accordingly, the Assam State Transport Corporation is directed to pay to the petitioner his balance dues of Rs.15,01,699/-, within a period of 5(five) months from the date of receipt of a certified copy of this order. 5. The writ petition is accordingly disposed of. JUDGE Comparing Assistant