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2026 DAILYLAW 1688 (GAU)

GODREJ AND BOYCE MFG. CO. LTD., v. THE STATE OF ASSAM AND 5 ORS

WP(C)/856/2026 · 2026-02-17

Manish Choudhury

Writ Petition (Civil)body2026

Judgment text

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Page No. 1/4 GAHC010023012026 2026:GAU-AS:2424 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/856/2026 GODREJ AND BOYCE MFG. CO. LTD., A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1913, HAVING ITS REGISTERED OFFICE AT PIROJSHANAGAR, VIKHROLI, MUMBAI-400079 AND ONE OF ITS BRANCH OFFICE AT BASUNDHARA ENCLAVE, 1ST AND 2ND FLOOR, B. K. KAKOTY ROAD, ULUBARI, GUWAHATI-781007. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY/ PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SECONDARY EDUCATION, DISPUR, GUWAHATI-781006. 2:THE COMMISSIONER AND SECRETARY/ PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF SECONDARY EDUCATION DISPUR GUWAHATI-781006. 3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF FINANCE DISPUR GUWAHATI-6. 4:THE DIRECTORATE OF SECONDARY EDUCATION (DSE) KAHILIPARA GUWAHATI-781019. 5:RASHTRIYA MADHYAMIK SHIKSHA ABHIYAN (RMSA) KAHILIPARA GUWAHATI-19 ASSAM Page No. 2/4 6:THE MISSION DIRECTOR RASHTRIYA MADHYAMIK SHIKSHA ABHIYAN (RMSA) KAHILIPARA GUWAHATI-19 ASSAM Advocate for the Petitioner : MR A K PAUL, MS D CHAUDHURY Advocate for the Respondent : SC, SEC. EDU., SC, RMSA,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 18.02.2026 Heard Mr. C. Paul, learned counsel for the petitioner; Ms. P. Das, learned Standing Counsel, Secondary Education for the respondent nos. 1, 2 & 4; Mr. B. Gogoi, learned Standing Counsel, Finance Department for the respondent no. 3; and Mr. B. Choudhury, learned Standing Counsel, RMSA for the respondent nos. 5 & 6. 2. The petitioner company has stated that upon acceptance of its bid for ‘Supply & installation of school furniture’ against Tender no. RMSA/CW/Furniture/1141/2019/95 dated 30.01.2020, a Letter of Acceptance [LoA] was issued in favour of the petitioner company on 09.08.2020 for a Contract-Price of Rs. 95,31,441.50. The petitioner had accordingly furnished performance security and produced specified furniture items as per Annexure-I to the LoA. Thereafter, the petitioner received the Notice to Proceed with the Work on 21.09.2020 as per Annexure-I, list of furniture items with cost to be supplied; and Annexure-II, school-wise distribution of furniture items. A Contract Agreement to that effect was also executed on 21.09.2020 between the respondent no. 6 and the petitioner company. 3. The petitioner company has asserted that it had duly supplied and installed the furniture and after successful completion of supply and installation, it submitted the bills for the Contract-Price of Rs. 95,31,441.50 as per the LoA of Notice to Proceed and the Contract Agreement. The petitioner company has further stated that out of the total bill amount of Rs. Page No. 3/4 95,31,441.50, the respondent authorities had already released 90% of the said amount and the remaining 10%, that is, Rs. 9,53,145/- has not yet been released despite elapse of sufficient time. Hence, the writ petition seeking a direction to the respondent authorities to release the remaining amount of Rs. 9,53,145/-. 4. Mr. Choudhury, learned Standing Counsel, RMSA appearing for the respondent nos. 5 & 6 has submitted that as the petitioner has claimed that 90% of the total bill of Rs. 95,31,441.50 has already been received and it has not received the remaining 10%, the writ petition can be disposed of with a direction to the respondent authorities, more particularly, the respondent no. 6 to examine the claim of the petitioner for the amount of Rs. 9,53,145/-. 5. Mr. Paul, learned counsel for the petitioner has agreed to the submission of the learned Standing Counsel, RMSA. 6. In view of the above facts and circumstances projected and the broad consensus arrived at by the learned counsel for the parties in the afore-stated manner, this Court is of the considered view that instead of keeping this writ petition pending, the same can be disposed of with a direction to the respondent no. 6 to examine the claim of the petitioner for the amount of Rs. 9,53,145/- towards outstanding dues against the total contract value of Rs. 95,31,441.50 against supply order, ‘Supply & installation of school furniture’, as mentioned above. If upon examination of the claim, the respondent no. 6 finds that the amount of Rs. 9,53,145/- or any other amount is found due to the petitioner then the respondent no. 6 shall take necessary measures for disbursal of such amount to the petitioner. It is accordingly ordered. It is further directed that the respondent no. 6 shall complete the entire exercise within a period of 3 [three] months from the date of submission of the certified copy of this order at his office by the petitioner. 7. This order disposes of the writ petition. JUDGE Page No. 4/4 Comparing Assistant