Page No.# 1/4 GAHC010270742024 2026:GAU-AS:2624 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6784/2024 TECH BUSINESS INDIA PVT. LTD. AND ANR REPRESENTED BY SRI SANJIB SARMA, DIRECTOR, REGISTERED OFFICES AT VIP ROAD, NEAR RAHMAN HOSPITAL, GUWAHATI-781022, DIST. KAMRUP(M), ASSAM 2: SANJIB SARMA DIRECTOR TECH BUSINESS INDIA PVT. LTD. A PERMANENT RESIDENT OF HOUSE NO. 256 SEUJI PATH R.G. BARUAH ROAD GUWAHATI PIN- 781002 DIST. KAMRUP(M) ASSA VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF AGRICULTURE AND HORTICULTURE, E-BLOCK, 1ST FLOOR, ASSAM SECRETARIAT, G.S. ROAD, GUWAHATI-781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GHY-781006. 3:THE DIRECTOR OF AGRICULTURE ASSAM KHANAPARA GHY-781036 ASSA Page No.# 2/4 Advocate for the Petitioner : MR. M SARMA, Advocate for the Respondent : SC. AGRICULTURE, SC, FINANCE BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 20.02.2026 Mr. M. Sarma, learned counsel for the petitioners; Mr. B. Choudhury, learned Standing Counsel, Agriculture Department for the respondent nos. 1 & 3; and Mr. B. Gogoi, learned Standing Counsel, Finance Department for the respondent no. 2. 2. The case projected by the petitioners is that the petitioner no. 1 firm deals in supply of seeds, pesticides, fertilizers and ancillary agricultural inputs and one of its principal place of supply is the Agriculture Department, Government of Assam. The petitioner has stated that in response to an e-Tender Notice dated 26.06.2019 for supply of ‘Plant Protection Chemicals & Materials, 2019-2020’, floated by the respondent no. 3, the petitioner submitted its bid. Upon evaluation, the petitioner emerged as the successful bidder [L-1]. Pursuant to a Government Sanction Order dated 23.05.2019, the petitioner being the L-1 bidder, was placed an Indent for Supply for supply of three items in quantities and at rates, mentioned therein, within the time-period fixed therein. 3. It is the case of the petitioner that the petitioner duly executed the Indent for Supply and submitted a Tax Invoice dated 17.08.2020 in respect of its bill amount of Rs. 1,80,00,000/-. As after repeated representations and approaches, the respondent authorities in the Agriculture Department, Government of Assam has not disbursed the said amount, the petitioner is before this Court by the present writ petition seeking inter alia a direction to the respondent authorities to disburse the amount of Rs. 1,80,00,000/-. Page No.# 3/4 4. Mr. Sarma, learned counsel for the petitioner has referred to the Payment Clause in the General Conditions of Contract [GCC] part of the Bidding Document to submit that as per the said Payment Clause, the petitioner firm as the supplier, had completed the stages required on its part. However, the respondent authorities have not completed their part in terms of the payment clause till date. Such inaction on the part of the respondent authorities in the Agriculture Department has resulted in the delay in disbursement of the amount of Rs. 1,80,000/- as per the Indent for Supply. 5. Mr. Choudhury, learned Standing Counsel, Agriculture Department appearing for the respondent nos. 1 & 3 has opposed the submissions of the learned counsel for the petitioners as regards inaction. He has, however, submitted that if due to any reason, the actions required on the part of the purchaser are not completed, the same can be completed within a reasonable period of time. 6. Clause 9 in the GCC part of the Bidding Document has provided for payment and the same reads as under :- 9. Payment : The supplier’s request[s] for payment shall be made to the purchaser in writing, accompanied by the following conditions : [i] Three copies of the supplier invoice showing contract number, goods description, quantity, unit price, total amount. [ii] Acknowledgement of receipt of the goods as per specification from the consignee. [iii] Inspection certificate / report wherever applicable. [iv] For making the payment of the bill, the purchaser, who is also the bill paying authority will confirm and cross check the quoted source of pronouncement from GST matching in the authorization letter and in the e-challan. [v] Quality testing certification / laboratory test report as specified in this document. Without quality testing certificates from the laboratories specified no payment shall be Page No.# 4/4 made. [vi] Any other document[s] required during payment as specified in this bidding document. [vii] Issue copy of payment order will be provided to the manufacturer. 7. It has been projected on behalf of the petitioner that the first two steps which were required from the end of the petitioner as the Supplier, had already been accomplished. But, the subsequent steps are required to be done from the end of the respondent authorities in the Agriculture Department as the purchaser. It is the projection of the petitioner that the said steps are not completed diligently. 8. In view of such projections and in view of 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 authorities in the Agriculture Department, more particularly, the respondent no. 3 to examine the matter of claim made by the petitioner as regards the amount of Rs. 1,80,00,000/- as outstanding dues with the official records available and in terms of Clause 9 in the GCC part of the Bidding Document. It is accordingly ordered. It is further observed that if after such examination, it is found that the petitioner is entitled to receive the sum of Rs. 1,80,00,000/- or any other amount, then the necessary steps shall be taken to disburse such entitled amount to the petitioner. The entire process of examination and disbursement of the entitled amount, if any to the petitioner shall be completed within a period of 4 [four] months from the date of submission of a certified copy of this order at the office of the respondent no. 3 by the petitioner. 9. This order disposes of the writ petition. No cost. JUDGE Comparing Assistant