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2026 DAILYLAW 12945 (GAU)

M/S. B. A. FEEDS AND ANR v. MANISH THAKUR AND 4 ORS

Cont.Cas(C)/746/2023 · 2026-08-20

Devashis Baruah

body2026

Judgment text

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Page No.# 1/5 GAHC010270112023 2026:GAU-AS:12057 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/746/2023 M/S. B. A. FEEDS AND ANR A PROPRIETARY CONCERN REPRESENTED BY ITS SOLE PROPRIETOR SHRI SANDEEP KUMAR NAHATA, SON OF SHRI BIMAL KUMAR NAHATA, R/O- KAMAKHYA UMANANDA BHAWAN, A.T. ROAD, GUWAHATI-781001. 2: SANDEEP KUMAR NAHATA S/O- SHRI BIMAL KUMAR NAHATA R/O- KAMAKHYA UMANANDA BHAWAN A.T. ROAD GUWAHATI-781001 VERSUS MANISH THAKUR AND 4 ORS PRINCIPAL SECRETARY, ANIMAL HUSBANDRY AND VETERINARY DEPARTMENT, GOVERNMENT OF ASSAM, ASSAM SECRETARIAT (CIVIL), DISPUR, GUWAHATI-781006. 2:JAVIR RAHUL SURESH DIRECTOR ANIMAL HUSBANDRY AND VETERINARY DEPARTMENT CHENIKUTHI GUWAHATI-781003. 3:ANIL CHANDRA DEURI MANAGING DIRECTOR ASSAM LIVESTOCK AND POULTRY CORPORATION (ALPCO) KHANAPARA GUWAHATI-781022. 4:JAYANT NARLIKAR COMMISSIONER AND SECRETARY FINANCE DEPARTMENT Page No.# 2/5 DISPUR GUWAHATI-781006 ASSAM 5:SHRI SADNEK SINGH IAS MANAGING DIRECTOR ASSAM LIVESTOCK AND POULTRY CORPORATION (ALPCO) KHANAPARA GUWAHATI-781022 Advocate for the petitioner(s): Mr. P Mahanta Advocate for the respondent(s): Mr. M Bhagawati For respondent Nos.1 and 2 Mr. A Bhatra for respondent No.3 Mr. A Chaliha for respondent No.4 B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 21.08.2026 Heard Mr. P Mahanta, the learned counsel appearing on behalf of the Petitioners. Also heard Mr. M Bhagawati, the learned counsel who appears on behalf of Respondent Nos.1 and 2; Mr. A Bhatra, the learned counsel for the Respondent No.3 and Mr. A Chaliha, the learned counsel for the Respondent No.4. 2. This contempt petition has been filed alleging willful and deliberate violation to the order dated 30.11.2022 passed in Page No.# 3/5 WP(C)No.1594/2022, whereby the learned Coordinate Bench of this Court disposed of the writ petition with a direction upon the respondent authorities to pay to the petitioners Rs.3,86,88,077/- within a period of 2(two) months from the date of receipt of a certified copy of the order. The learned Coordinate Bench also observed that the outstanding amount payable shall carry an interest at the prevailing bank rate, on and from the date the supply was made till the payment is made. 3. From the materials on record, it is seen that during the pendency of the contempt proceedings, the Petitioners entitlement had been determined to be Rs.4,27,65,080/- of which the amount of Rs.3,86,88,077/- is the principal and Rs.40,77,003/- is the interest. The interest was calculated @ 2.7% per annum. At the time of disbursing the said amount, an amount of Rs.8,55,302/- has been deducted at source as required under the provisions of the Income Tax Act and the resultant payment disbursed to the Petitioners is Rs.4,19,09,778/-. 4. The details of such payment can be seen from the affidavit so filed by the Respondent No.3 as well as the instruction dated 20.08.2026 placed by Mr. M Bhagawati, the learned counsel for the Respondent Nos.1 and 2. 5. The instruction(s) dated 20.08.2026 placed before this Court is Page No.# 4/5 kept on record and marked with the letter ‘X’. 6. The details of the payment in the form of a table is reproduced hereinunder: Sl. No. Annexure Sanction Order No.& Date No.of Bills Date of Receipt of Fund by ALPCO Date of Payment to M/s. BA Feeds Sanctioned Amount(Rs.) Payable Amount After TDS (Rs.) 1. Annexure-A FS/AHV_2024- 25(I)_720 dtd 20.01.2025 52 17.02.2025 19.04.2025 85,85,497/- 84,13,787/- 2. Annexure-B FS/AHV_2024- 25(I)_807 dtd 13.02.2025 38 30.03.2025 13.05.2025 73,58,242/- 72,11,077/- 3. Annexure-C FS/AHV_2023- 24(I)_224 dtd 27.09.2023 53 18.01.2024 19.01.2024 75,04,338/- 73,54,251/- 4. Annexure-D FS/AHV_2024- 25(I)_806 dtd 13.02.2025 33 30.03.2025 13.05.2025 74,50,400/- 73,01,392/- 5. Annexure-E FS/AHV_2024- 25(I)_845 dtd 20.02.2025 36 30.03.2025 13.05.2025 77,89,600/- 76,33,808/- Sub-Total (Principal) 212 3,86,88,077/- 3,79,14,315/- 6. Annexure-F FS/AHV_2024- 25(I)_808 dtd 13.02.2025 (Interest) - 30.03.2025 13.05.2025 40,77,003/- 39,95,463/- Grand Total 212 4,27,65,080/- 4,19,09,778/- Page No.# 5/5 7. Mr. P Mahanta, the learned counsel appearing on behalf of the Petitioners submitted that the rate of interest applied is a meager 2.7% and should be the rate of interest in terms with the fixed deposits. 8. In the opinion of this Court, the order dated 30.11.2022 passed in WP(C)No.1594/2022 merely mentions about the prevailing bank rate without specifying as to whether the interest should be the banking rate for savings account or for fixed deposit. 9. In view of the above, the payment so made and the details given hereinabove in the opinion of this Court amounts to sufficient compliance to the order dated 30.11.2022 passed in WP(C)No.1594/2022, for which, the contempt proceedings stands dropped. JUDGE Comparing Assistant