Page No.# 1/5 GAHC010236302025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6139/2025 NORTH EAST ENVIRO TECH PVT LTD OFFICE AT FLAT NO A4, 4TH FLOOR, HERASATULLAH ENCLAVE, SK BHUYAN ROAD, DIGHALIPUKHURI, GUWAHATI, KAMRUP M, ASSAM, REPRESENTED BY ITS DIRECTOR, SRI ROHITASH BHOMIA 2: SRI ROHITASH BHOMIA FLAT NO A4 4TH FLOOR HERASATULLAH ENCLAVE SK BHUYAN ROAD DIGHALIPUKHURI GUWAHATI KAMRUP VERSUS THE STATE OF ASSAM REPRESENTED BY COMMISSIONER AND SECRETARY, GOVT OF ASSAM, DEPARTMENT OF HOUSING AND URBAN AFFAIRS, DISPUR, GUWAHATI 6 2:THE GUWAHATI MUNICIPAL CORPORATION REPRESENTED BY ITS COMMISSIONER GUWAHATI 3:THE ADDITIONAL COMMISSIONER GUWAHATI MUNICIPAL CORPORATION GUWAHATI 4:THE CHIEF ENGINEER GUWAHATI MUNICIPAL CORPORATION GUWAHATI 5:THE ADDITIONAL CHIEF ENGINEER GUWAHATI MUNICIPAL CORPORATION Page No.# 2/5 GUWAHATI 6:THE EXECUTIVE ENGINEER MSWM PROJECT GUWAHATI MUNICIPAL CORPORATION GUWAHATI 7:THE JUNIOR TECHNICAL OFFICER MSWM PROJECT GUWAHATI MUNICIPAL CORPORATION GUWAHAT Advocate for the Petitioner : MS. N CHOUDHURY, MR A TALUKDAR,MR. A KHOUND,MR. A K BHUYAN Advocate for the Respondent : GA, ASSAM, SC, GMC BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 22.07.2026 Heard Shri AK Bhuyan, learned Senior Counsel assisted by Shri M. Das, learned counsel for the petitioners. Also heard Shri K. Gogoi, learned State Counsel and Shri S. Bora, learned Standing Counsel, GMC. 2. Considering the facts and circumstances of the case and as agreed to by the learned counsel for the parties, the instant writ petition is taken up for disposal of at the admission stage. 3. Bereft of details, the facts, as projected, are that the petitioners were awarded certain works in the year 2021. The works were duly completed and bills were raised, which however, was not paid. The petitioners had accordingly filed WP(C)/5961/2023 whereafter, the payments were directed to be made. The petitioners were also required to file contempt proceedings and during the pendency of the same, the principal amounts were paid. The primary ground of Page No.# 3/5 institution of this writ petition is on the strength that the petitioners fall within the Micro, Small and Medium Enterprises Development Act, 2006 and as per Section 17 of the said Act, the petitioners would also be entitled to interest. 4. The learned Senior Counsel for the petitioners has submitted that under Section 18, a Facilitation Council has been provided for adjudication of dispute pertaining to such claim. 5. Both Shri Gogoi, learned State Counsel and Shri Bora, learned Standing Counsel, GMC have not disputed the facts projected and the provisions of law. 6. Section 17 of the Act of 2006 provides that if any goods are supplied or services provided, the buyer would be liable to pay the amount with interest as provided in Section 16. The rate of interest and the date has been provided in Section 16 of the said Act and the mechanism for redressal of the grievances pertaining to such claim is to be done through a Facilitation Council under Section 18 of the said Act. All the aforesaid sections are part of Chapter V of the Act of 2006, which pertains to delayed payments to micro and small industries. For ready reference, the relevant Sections 16, 17 and 18 are extracted hereinbelow: “16. Date from which and rate at which interest is payable.— Where any buyer fails to make payment of the amount to the supplier, as required under section 15, the buyer shall, notwithstanding anything contained in any agreement between the buyer and the supplier or in any law for the time being in force, be liable to pay compound interest with monthly rests to the supplier on that amount from the appointed day or, as the case may be, from the date immediately following the date agreed upon, at three times of the bank rate notified by the Reserve Bank. Page No.# 4/5 17. Recovery of amount due.—For any goods supplied or services rendered by the supplier, the buyer shall be liable to pay the amount with interest thereon as provided under section 16. 18. Reference to Micro and Small Enterprises Facilitation Council. — (1) Notwithstanding anything contained in any other law for the time being in force, any party to a dispute may, with regard to any amount due under section 17, make a reference to the Micro and Small Enterprises Facilitation Council. (2) On receipt of a reference under sub-section (1), the Council shall either itself conduct conciliation in the matter or seek the assistance of any institution or centre providing alternate dispute resolution services by making a reference to such an institution or centre, for conducting conciliation and the provisions of sections 65 to 81 of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to such a dispute as if the conciliation was initiated under Part III of that Act. (3) Where the conciliation initiated under sub-section (2) is not successful and stands terminated without any settlement between the parties, the Council shall either itself take up the dispute for arbitration or refer ittoany institution or centre providing alternate dispute resolution services for such arbitration and the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall then apply to the dispute as if the arbitration was in pursuance of an arbitration agreement referred to in sub-section(1) of section 7 of that Act. (4) Notwithstanding anything contained in any other law for the time Page No.# 5/5 being in force, the Micro and Small Enterprises Facilitation Council or the centre providing alternate dispute resolution services shall have jurisdiction to act as an Arbitrator or Conciliator under this section in a dispute between the supplier located within its jurisdiction and a buyer located anywhere in India. (5) Every reference made under this section shall be decided within a period of ninety days from the date of making such a reference.” 7. The learned Senior Counsel for the petitioners has submitted that since the present claim would confine to the aspect of interest wherein a Facilitation Council has been provided by the Act, liberty be granted to the petitioners to approach the appropriate authority to take recourse of the said provision of law. He has also relied upon a judgment of this Court reported in 2026 (1) GLT 1 [Garg Poly Industries & Ors. Vs. State of Assam & Ors.] wherein the Act in question was the subject matter of discussion. 8. Considering the aforesaid facts and circumstances, the writ petition is closed by giving liberty to the petitioners to take recourse of the aforesaid provision of law, including Section 18, for adjudication and release of their claims pertaining to the interest on delayed payments. 9. The writ petition is disposed of. JUDGE Comparing Assistant