Page No.# 1/4 GAHC010018192018 2025:GAU-AS:17432 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/879/2018 CONERGY ENERGY SYSTEMS (INDIA) PVT. LTD. HAVING ITS HEAD OFFICE AT 2ND FLOOR, NO. 2947, 6TH CROSS, 18TH A MAIN HALL, 2ND STAGE, BANGLORE-560008, KARNATAKA, INDIA, REP. BY ITS AUTHORIZED PERSON/ BUSINESS PARTNER NAMELY MOJAHID HUSSAIN (AGE 40 YEARS), S/O MOINUDDIN, VILLAGE- PATLI PUTRA KURJI, PO SADAQUAT ASHRAM, PS PATLIPUTRA KURJI, DIST. PATNA (BIHAR), PIN-800010 VERSUS THE STATE OF ASSAMAND 4 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SCIENCE AND TECHNOLOGY DEPARTMENT, DISPUR, GUWAHATI-6, ASSAM 2:THE ASSAM ENERGY DEVELOPMENT AGENCY UNDER SCIENCE AND TECHNOLOGY DEPTT. GOVT. OF ASSAM BIGYAN BHAWAN NEAR IDBI BUILDING GS ROAD GUWAHATI-781005 REP.BY ITS CHAIRMAN THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-6 3:THE DIRECTOR ASSAM ENERGY DEVELOPMENT AGENCY UNDER SCIENCE AND TECHNOLOGY DEPARTMENT GOVT. OF ASSAM BIGYAN BHAWAN Page No.# 2/4 NEAR IDBI BUILDING G.S. ROAD GUWAHATI-781005 4:THE DEPUTY DIRECTOR ASSAM ENERGY DEVELOPMENT AGENCY UNDER SCIENCE AND TECHNOLOGY DEPARTMENT GOVT. OF ASSAM BIGYAN BHAWAN NEAR IDBI BUILDING GS ROAD GUWAHATI-781005 5:THE DEPUTY FINANCE AND ACCOUNTS OFFICER ASSAM ENERGY DEVELOPMENT AGENCY UNDER SCIENCE AND TECHNOLOGY DEPARTMENT GOVT. OF ASSAM BIGYAN BHAWAN NEAR IDBI BUILDING GS ROAD GUWAHATI-78100 For the Petitioner(s) : None appears For the Respondent(s) : Mr. P. Bordoloi, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 15.12.2025 None appears on behalf of the petitioner on call. 2. Mr. P. Bordoloi, the learned Standing Counsel appears on behalf of the respondent Nos. 2 and 3. 3. The petitioner herein has approached this Court claiming an amount of Rs. 1,09,39,301/- against the work completed by the petitioner pertaining to the work order dated 06.08.2007 along Page No.# 3/4 with interest at the rate of 18% per annum. 4. Pursuant to the filing of the instant writ petition, the respondent Nos. 2 and 3 filed an affidavit-in-opposition. In the said affidavit-in-opposition, the stand taken by the respondents is that they had till March, 2017 paid an amount of Rs. 1,51,96,725/-. It was also mentioned that the petitioner would have been entitled to an amount of Rs. 2,82,21,765/- at the end of 5 (five) years from the date of completion of the installation of the system under the project. However, the petitioner has not completed the project and has also not undertaken any mandated period maintenance i.e. CMC. It is therefore stated that the petitioner is not entitled to the amount. 5. Taking into account the stand of the respondent Nos. 2 and 3, it appears that there are serious disputed questions of fact which requires adjudication in an appropriate forum where evidence can be led. Under such circumstances, this Court therefore is not inclined to exercise its jurisdiction under Article 226 of the Constitution of India. 6. Accordingly, the instant writ petition stands dismissed. 7. Liberty however is given to the petitioner to approach the competent forum wherein evidence can be adduced for resolution of the disputed questions of fact. This Court further Page No.# 4/4 taking into account that the petitioner has been bonafidely pursuing the instant proceedings observes that the period from 31.01.2018 till date be excluded while computing the period of limitation. JUDGE Comparing Assistant