BLESSINGS PRIVATE LTD Vs. CHAIRMAN, MICRO SMALL ENTERPRISES FACILITATION COUNCIL AND COMMISSIONER-CUMDIRECTOR OF INDUSTRIES, ODISHA AND ANOTHER

JUDGEMENT

(1.) The admitted case of the parties is that the petitioner is a small scale industry of the State of Odisha and is a manufacturer of Auto Tubes and Flaps for all types of vehicles. It is also admitted case of the parties that the petitioner had supplied Heavy Duty Flaps to opposite party no.2-Executive Engineer, Stores & Mechanical Division, Khatiguda, Nabarangpur on 15.10.1986 and raised invoice on the same day for an amount of Rs.13,476.05 paisa. There is no dispute with regard to the quantity and quality of the supplies made by the petitioner, yet the payment was not made to the petitioner for two decades.

(2.) Admittedly, the payment for the said supply was made by opposite party no.2 after twenty years on 08.12.2006. The petitioner raised a claim for payment of interest for delayed payment and filed a MSEFC Case No.25/2010 before opposite party no.1- Director of Industries, Odisha. The said claim of the petitioner was rejected only on technical ground of approaching the authority after twenty-four years as, according to opposite party no.1, the supply was made in the year 1986 and the claim was filed in 2010.

(3.) In the counter affidavit, it is stated that the petitioner was required to submit the Sales Tax Clearance Certificate (STCC) and Income Tax Clearance Certificate (ITCC), which were not enclosed along with the bills, and it was only in the year 1993 that such certificates were furnished by the petitioner and because of non-furnishing of such documents, the payment to the petitioner was delayed. It was also stated that there was bifurcation of the Irrigation and Power Department because of which the bills submitted by the petitioner could not be traced out for a long period and, hence, the delay in payment.