LAWS(GJH)-2011-8-215

NANDLAL LALJIBHAI SONI Vs. STATE OF GUJARAT

Decided On August 26, 2011
NANDLAL LALJIBHAI SONI Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) WE have heard Mr. J. A. Adeshra, learned counsel for the petitioner and Mr. N. J. Shah, learned Assistant Government Pleader appearing for the respondents.

(2.) THE respondent No.1 issued tender for supply of 84,000 set of Badge, Locket and String of Breads (Mala) as per specifications contained in the Tender. THE petitioner applied in pursuance of the said Tender and since he was the lowest bidder, contract was awarded to him and agreement was executed between the parties on 07.08.2009. THEreafter, work order was issued by the respondent No.1 on 07.08.2009. THEreafter, the sample of goods which are to be supplied by the petitioner were got approved by National Institute of Fashion Technology. THEreafter, the petitioner supplied the contracted material at 25 Districts in the State of Gujarat in pursuance of the work order issued by the respondents. Certificate was also issued by the National Institute of Fashion Technology stating therein that the quality of the goods manufactured by the petitioner was upto the mark and as per specification of the tender. THEreafter, the petitioner raised his bill No.149 dated 30.03.2010 (Annexure L to the writ petition) for an amount of Rs.61,11,834/-. However, the payment has not been made by the respondents to the petitioner for the period of more than one year. Hence, the petitioner has approached this Court.

(3.) IN the result, this petition succeeds and is allowed. A writ of mandamus is issued to the respondents to pay the amount which is due to the petitioner as per bill No.149 dated 30.03.2010 (Annexure L to the writ petition) of Rs.61,11,834/- (Rupees Sixty Lacs Eleven Thousand Eight Hundred Thirty Four). The respondents are directed to pay the said amount to the petitioner within a period of one month from the date of receipt of the writ or certified copy of this order, whichever is earlier. Rule is made absolute to the above extent. The parties shall bear their own costs.