ABUZAR M HAKIMUDDIN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Court : THE facts leading to this writ petition inter alia are that the writ petitioner firm participated in various tenders floated by Eastern Railway and quoted most reasonable prices for various types of stores and materials. Various tenders of the petitioners were accepted by the Railway and accordingly Railway placed diverse purchase orders, from time to time, on the writ petitioner firm at contracted rates.

(2.) PURSUANT to and in terms of the purchase orders placed by Eastern Railway the petitioner sold and delivered huge stores and materials, on diverse dates at the contracted price. The Respondent duly received, inspected, approved and accepted the said stores and materials without raising any disputes or differences whatsoever. The Bills raised and submitted by the petitioner were duly received and accepted by the respondents. It will be evident therefore that the petitioner had charged only the contracted rates and that the bills were duly being received by the respondents. There is not a single letter from the respondents raising my dispute or difference in connection with the said bills or any other bills of the petitioner firm.

(3.) THE respondent Easter Railway failed and neglected to make Payment of the bills of the petitioner either within the stipulated period of 10 days or any time thereafter till date. In the premises by January 1991 an aggregate sum of Rs. 26,11,361.20 became outstanding and due and payable by Eastern Railway to the petitioner firm particulars whereof have been mentioned in the writ petition.